Bharatiya Nyaya Sanhita, 2023
BNS Section 249
Harbouring offender
In one line
BNS Section 249 deals with harbouring offender and replaces IPC 212.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 249(a) | Harbouring an offender, if the offence is punishable with death. | Imprisonment for 5 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 249(b) | If punishable with imprisonment for life or with imprisonment for 10 years. | Imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 249(c) | If punishable with imprisonment for 1 year and not for 10 years. | Imprisonment for one-fourth of the longest term, and of the descriptions, provided for the offence, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 249
249. Harbouring offender.
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.
What changed from the IPC
- IPC 212 → BNS 249: Section is reorganized in form of clauses (a), (b) and (c) and sub-headings are dropped.
- IPC 212 → BNS 249: 'husband or wife' is replaced by 'spouse'.
Frequently asked
What was BNS Section 249 in the IPC?
BNS Section 249 (Harbouring offender) replaces Section 212 of the Indian Penal Code, 1860. IPC 212 is now BNS 249.
What is the punishment under BNS 249(a)?
Harbouring an offender, if the offence is punishable with death – punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 249(b)?
If punishable with imprisonment for life or with imprisonment for 10 years – punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 249(c)?
If punishable with imprisonment for 1 year and not for 10 years – punishable with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 249 bailable?
Bailable: BNS 249(a), 249(b), 249(c). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 244 — Fraudulent claim to property to prevent its seizure as forfeited or in execution
- BNS 245 — Fraudulently suffering decree for sum not due
- BNS 246 — Dishonestly making false claim in Court
- BNS 247 — Fraudulently obtaining decree for sum not due
- BNS 248 — False charge of offence made with intent to injure
- BNS 250 — Taking gift, etc., to screen an offender from punishment
- BNS 251 — Offering gift or restoration of property in consideration of screening offender
- BNS 252 — Taking gift to help to recover stolen property, etc
- BNS 253 — Harbouring offender who has escaped from custody or whose apprehension has been ordered
- BNS 254 — Penalty for harbouring robbers or dacoits
