Taking Gift to Help to Recover Stolen Property, etc - Section 215

Taking Gift to Help to Recover Stolen Property, etc - Section 215

This clause punishes taking of gratification under the pretext of assisting a person in regaining property that he had previously been deprived of without apprehending the criminal who was responsible for the deprivation. Professional truckers collaborate with criminals who specialize in robbing others of their valuables through theft and other crimes. They then demand payment with the promise of the item being restored.

Under this clause, taking, agreeing to take, or consenting to take any gratification is treated equally, and the prosecution must establish at least one of these three. This must be done under the guise of reclaiming one's movable property that has been taken from him by another as a result of a Code violation.

If the accused establishes that he utilized every measure at his disposal to have the criminal captured and convicted of the crime that deprived him of his movable goods, his guilt under this clause is denied.

What is IPC 215?

section 215 if IPC talks about Taking gifts to help to recover stolen property, etc whereas it explains the same as Whoever takes or agrees or consents to take any gratification under the pretense or on account of helping any person to recover any movable property of which he shall have been deprived by an offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment which may be extended to two years, or with fine, or with both.

The following are the essential elements of the Indian Penal Code's section 215 offence:

  1. An offence under this Code resulted in the loss of personal property;

  2. The defendant accepted or agreed to accept some form of gratification.

  3. The satisfaction was obtained under the guise of assisting in the recovery of such property;

  4. The accused neglected to use every available means to apprehend and convict the culprit of the crime

Is IPC 215 Bailable?

Yes, section 215 of the Indian penal code is a Bailable offence and a bailable offence is one that is included in the First Schedule or is made bailable by any other law in effect at the time. Murder, for example, is a terrible and dangerous offence that is subject to bail. Bail is claimed as a matter of right in cases where the offence is bailable.

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What is the punishment for IPC 215 case? 

Punishment for section 215 of IPC is sentence of up to two years of imprisonment, a fine, or both. 

Is IPC 215 cognizable or Non- cognizable offence?

IPC 215 is a cognizable offence and a cognizable offence is one for which a police officer may arrest without a warrant under the First Schedule or any other legislation in effect at the time. The majority of criminal offences are serious.

How to file/defend your case for IPC 215?

As your criminal defence lawyer learns more about the prosecutor's preparations for your case, a criminal defence strategy will emerge. If the prosecutor paints a picture of the defendant at the crime scene, the defence attorney will almost certainly raise questions that paint a picture of the defendant somewhere else. The criminal defence strategy can also be influenced by how the criminal defendant acts and responds to the prosecutor's inquiries.

The finest criminal defence strategy is when the defendant and his or her counsel provide a tale that is founded on facts and portrays the defendant in the best possible light. A stronger depiction of a storey could result in a plea deal, a conviction on a reduced charge, or even a not guilty verdict. 

Depending on the circumstances of your case and the specific evidence, you may be able to pursue a variety of criminal defence techniques. A criminal defence attorney can best explain all of your alternatives and what defences may be presented in your case, whether you choose to plead "truth" or entirely refute the accusations. Contact a local criminal defence attorney immediately to learn more.

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State Of Rajasthan v. Khimla Sep 26, 1966: The State of Rajasthan has filed an appeal against the decision and order of the Munsif-Magistrate, Jalore, dated September 30, 1964, in which he acquitted respondents Khimla and Dalia for an offence Under IPC  215 

The court observed that: There's nothing in this clause that says an actual thief can't be held liable if, in addition to committing theft, he tries to make money by promising to return the stolen item. This is a separate crime from stealing. There's no reason why a thief shouldn't be charged with another crime. The sole reason for this is that it is unnatural for a thief to utilize all measures at his disposal to cause himself to be captured and punished for theft. However, there is no exception in the section's language. The part of the section that really outlines the elements of the crime does not support the argument that the thief cannot be prosecuted under this section. The latter section of the section is more in the form of a concession in favour of someone who assists in retrieving stolen property and bringing the thief to justice, even if it is for personal gain. Section 215 of the Penal Code, in my opinion, can be used to condemn an actual thief or someone suspected of being the thief. 

The exemption engrafted in the latter part of Section 215 of the Penal Code aims to cover a different situation in which a person acts in good faith to track down the thief or the stolen property, or both. To hold differently would be to provide an umbrella to actual or suspected thieves, protection that is meant for bona fide investigators who are covered by the section's latter part.

This article on IPC Section 215 is written by Mr. Abhinav Kumar, a Final year student at the University of Petroleum and Energy Studies, Dehradun.
Offence Punishment Cognizance Bail Triable By
Taking Gift to Help to Recover Stolen Property, etc Imprisonment, up to 2 years or fine or both Cognizable Bailable Any Magistrate
Offence Taking Gift to Help to Recover Stolen Property, etc
Punishment Imprisonment, up to 2 years or fine or both
Cognizance Cognizable
Bail Bailable
Triable By Any Magistrate


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