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BNS Section 249: Harbouring Offender
Section 249 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 249 specifically deals with providing safe harbour to an offender. Let us take a closer look at its provisions.
Definition of BNS Section 249
Section 249 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment which may extend to one year, and not to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.
Explanation. “Offence” in this section includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.
Exception.—This section shall not extend to any case in which the harbour or concealment is by the spouse of the offender. “
Explanation and Illustration of Section 249
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of harbouring an offender. Let us break down the section to get a better understanding of it.
Offence
When a person provides safe shelter to a person despite knowing that the person has committed a crime, then he or she shall be considered an offender under the provisions of this section.
Further, the section also clarifies that even if shelter is provided to a person having been believed to have committed a crime it shall still be an offense under this section. This means that if the person offers shelter despite being exposed to ample clues, evidence and indications that such person may have committed a crime, then it will still amount to harbouring an offender. For instance noticing blood stains on the persons shirt, or having seen a lookout notice for the person in the news are considered valid reasons to believe that a person is an offender.
Further there has also been a clarification in the form of an explanation. The explanation states that for the purposes of this section the definition of the word “offence” is not just limited to crimes committed in India. It also crimes committed abroad if they fall under the following categories:
| Section | Offence |
|---|---|
| 103 | Punishment for murder. |
| 105 | Punishment for culpable homicide not amounting to murder. |
| 307 | Theft after preparation made for |
| 309 | Robbery. |
| 310 (2), (3), (4), (5) | Dacoity |
| 311 | Robbery, or dacoity, with attempt to cause death or grievous hurt. |
| 312 | Attempt to commit robbery or dacoity when armed with deadly weapon. |
| 326 (f), (g) | Mischief by injury, inundation, fire or explosive substance, etc. |
| 331 (4), (6), (7), (8) | Punishment for house-trespass or house-breaking. |
| 332 (a), (b) | House-trespass in order to commit offence. |
As it can be noted, these are all crimes that have been classified as “serious offences” under the Indian law. The explanation clarifies that if any person harbours a criminal who has been accused of above offences, even if the crime was not committed within the sovereign borders of India, it shall still be an offence under the provisions of section 249.
Punishment
The punishment for the offence under this section has been categorised into three tiers depending on the severity of the crime for which the evidence was disrupted.
The above actions may not be an offence under this section if:
Furthermore, Ttere is a specific exception that has been stated for the purposes of this section. If the person providing harbour is a spouse of the offender, then he or she shall not be punishable under the provisions of this section.
However, there may be other sections of the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
This section provides an illustration to demonstrate the provisions.
A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life. So A is liable to imprisonment for a term not exceeding three years, and is also liable to fine under clause (b) of Section 249.
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 249
This section deals with: Harbouring offender
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 249 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 249 of BNS replaces IPC Section 212. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 249 | Harbouring offender | 212 | No change in provisions for offence. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 249 of the Bharatiya Nyaya Sanhita (BNS)
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