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BNS Section 254: Penalty For Harbouring Robbers Or Dacoits
Section 254 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 254 specifically deals with providing harbour to criminals. Let us take a closer look at its provisions.
Definition of BNS Section 254
Section 254 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.
Exception.—The provisions of this section do not extend to the case in which the harbour is by the spouse of the offender”
Explanation and Illustration of BNS Section 254
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 robbers and dacoits. Let us break down the section to get a better understanding of it.
Offence
The offence under this section is providing harbour to persons who may fall into any of the two following categories:
Both acts defined above shall be considered as an offence under the provisions of section 254.
Further, there is a clarification in the form of an explanation. It states that it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India. In other words, the jurisdiction of the robbery or dacoity is irrelevant. Dacoity or robbery are considered serious offences under the BNS and any person who commits such crimes is viewed as a danger to society in general, whether the crimes he has committed are in India or not. Persons within the sovereign borders of India who have been convicted of robbery or dacoity in other countries are usually arrested by the Indian authorities and handed over to the authorities of the respective jurisdiction where such crime was committed.
Punishment
Persons guilty of harbouring robbers or dacoits shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
The above actions may not be an offence under this section if:
Illustration
A, who has just committed robbery at a shopping mall, escapes to his village.
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 254
This section deals with: Harbouring robbers and dacoits
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 254 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 254 of BNS replaces IPC Section 216A. 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 |
|---|---|---|---|
| 254 | Penalty for harbouring robbers or dacoits. | 216A | 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 254 of the Bharatiya Nyay Sanhita (BNS)
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