BNS 249 — Harbouring offender.

Bharatiya Nyaya Sanhita, 2023

Statutory text

249. 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.
Illustration.
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, A is liable to imprisonment of either description for a
term not exceeding three years, and is also liable to fine.
Taking gift, etc., to screen an offender from punishment.

Back to BNS