Indian Penal Code, 1860
Section 214
repealedOffering gift or restoration of property in consideration of screening offender
Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;
Why this exists
The Indian Penal Code of 1860 aimed to stop private deals that undermine public justice. Section 213 punishes a person who *takes* a bribe to hide a crime or protect an offender; Section 214 punishes the other side of that same corrupt bargain — the person who *offers or gives* such a bribe. Together, these sections were designed to prevent victims, witnesses, police, or middlemen from being paid off to let criminals escape justice, protecting the integrity of the criminal justice system.
How courts read it
Courts have generally read Section 214 alongside Section 213, treating them as two sides of the same corrupt transaction — one criminalizing the taker, the other the giver. Judicial decisions have emphasized that the gratification or restored property must be clearly linked to an agreement to conceal an offence or shield the offender from legal process; a lawful compromise or settlement of a civil dispute, without any intent to obstruct criminal justice, does not attract this section. Courts have also clarified that mere payment of compensation to a victim, without any deal to stop prosecution or hide the crime, is not covered.
Common misconceptions
- Myth: Paying a victim compensation to 'settle' a criminal case is always illegal under this section.
Fact: Courts have distinguished genuine, lawful compensation or settlement (especially in compoundable offences) from payments specifically made to conceal a crime or block legal proceedings; only the latter falls under Section 214. - Myth: Only the person taking the bribe (under Section 213) can be punished, not the one offering it.
Fact: Section 214 specifically targets the giver or offeror of the gratification, making both sides of the transaction punishable under separate provisions.