Section Overview
Section Number:
IPC Section 213
Section Title:
Taking Gift or Reward for Concealing Design to Commit Offence
Act:
Indian Penal Code, 1860 (IPC)
Status:
Active under IPC framework (principle retained under Bharatiya Nyaya Sanhita, 2023)
Applicability:
IPC Section 213 applies when:
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A person has knowledge that an offence is being planned;
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The person agrees to conceal this information or not disclose it;
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The person receives or expects a gift, reward, or consideration;
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The concealment is intentional and dishonest.
The section commonly applies in:
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Criminal conspiracy situations;
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Organized crime cases;
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Bribery linked to crime concealment;
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Threat-based silence agreements;
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Protection of offenders in planning stage;
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Corruption-related concealment of crimes.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 213 ka simple matlab hai ki agar koi person jaanta hai ki koi crime hone wala hai ya plan ho raha hai, aur woh us information ko chhupata hai ya report nahi karta sirf kisi reward, paisa ya benefit ke badle, to woh crime karta hai.
👉 Simple words:
“Crime ka plan chhupane ke liye paisa lena ya reward lena crime hai.”
Legal Definition (Original Law Meaning)
The essence of Section 213 is:
Whoever receives or agrees to receive any gratification as a reward for concealing, or not disclosing to public authorities, the design to commit an offence, commits an offence.
Practical Interpretation
This section focuses on preventing:
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Suppression of planned criminal activity;
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Collusion with offenders;
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Bribery to stay silent;
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Protection of criminal intent.
To establish liability, prosecution must prove:
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Knowledge of a planned offence;
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Agreement to conceal or not disclose it;
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Receipt or promise of reward or benefit;
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Intentional suppression of information.
Even silence in exchange for benefit is punishable.
Importance of IPC Section 213
Modern criminal systems depend heavily on:
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Informants;
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Witness cooperation;
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Preventive intelligence.
If people conceal crime plans for money:
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Crime prevention fails;
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Public safety is compromised;
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Criminal networks become stronger.
Thus, Section 213 ensures accountability for silence bought through reward.
Punishment & Legal Classification
Punishment:
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Imprisonment up to 2 years, OR
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Fine, OR
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Both
Bailable / Non-Bailable:
Generally Bailable
Cognizable / Non-Cognizable:
Generally Non-Cognizable
Compoundable:
Non-Compoundable
Triable By:
Any Magistrate
IPC ↔ BNS Mapping
IPC Section:
IPC Section 213
BNS Equivalent:
The Bharatiya Nyaya Sanhita continues provisions dealing with:
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Concealment of criminal design;
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Obstruction of crime prevention;
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Corrupt suppression of information.
Status:
Concept retained under BNS framework.
Real-Life Examples
Example 1:
A person knows that a robbery is being planned but agrees to stay silent in exchange for money.
Section 213 may apply.
Example 2:
An employee receives money from criminals to not report a planned cyber fraud.
The conduct may attract Section 213.
Example 3:
A security guard is offered a reward to ignore planned illegal entry into a building.
Such conduct may fall under Section 213.
Landmark Judgments
Case Name:
State of Maharashtra v. Mohd. Yakub
Court:
Supreme Court of India
Key Takeaway:
Concealment or assistance in criminal planning can amount to active participation depending on intent and circumstances.
Case Name:
Kehar Singh v. State (Delhi Administration)
Court:
Supreme Court of India
Key Takeaway:
Knowledge of criminal conspiracy and failure to act can have legal consequences depending on involvement.
Case Name:
State of Punjab v. Amar Singh
Court:
Supreme Court of India
Key Takeaway:
Intent and knowledge are key elements in offences involving concealment or assistance.
Legal Insights
When is this section applied?
Section 213 is commonly applied when:
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Crime plans are concealed for money;
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Informants are bribed to stay silent;
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Organized crime uses paid silence;
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Criminal conspiracy information is suppressed.
Common Misuse Scenarios
Lack of Full Knowledge
Person may not fully understand the crime plan.
Social or Casual Silence
Silence without reward is not covered.
No Proof of Payment
Without benefit or reward, Section 213 may not apply.
Misinterpreted Association
Association with suspects alone is not enough.
Defenses Available
No Reward or Benefit
No gift or consideration was received.
Lack of Knowledge
The accused did not know about the criminal design.
No Intent to Conceal
There was no intention to suppress information.
Absence of Agreement
No agreement existed to stay silent.