BNS Section 249: Harbouring an offender

Bharatiya Nyaya Sanhita, 2023 · Chapter 14: Of False Evidence and Offences Against Public Justice

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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.

Study: explanations and related material

Replaces IPC 212. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

249(a)Harbouring an offender, if the offence is punishable with death.

Punishment
Imprisonment for 5 years and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

249(b)If punishable with imprisonment for life or with imprisonment for 10 years.

Punishment
Imprisonment for 3 years and fine.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

249(c)If punishable with imprisonment for 1 year and not for 10 years.

Punishment
Imprisonment for one-fourth of the longest term, and of the descriptions, provided for the offence, or fine, or both.
Cognizable or not
Cognizable
Bailable or not
Bailable
Triable by
Magistrate of the first class

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 176. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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