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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 227. Giving false evidence
- 228. Fabricating false evidence
- 229. Punishment for false evidence
- 230. Giving or fabricating false evidence with intent to procure conviction of capital offence
- 231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
- 232. Threatening any person to give false evidence
- 233. Using evidence known to be false
- 234. Issuing or signing a false certificate
- 235. Using as true a certificate known to be false
- 236. False statement made in a declaration which is by law receivable as evidence
- 237. Using as true such a declaration knowing it to be false
- 238. Causing disappearance of evidence of an offence, or giving false information to screen an offender
- 239. Intentional omission to give information of an offence by a person bound to inform
- 240. Giving false information respecting an offence committed
- 241. Destruction of a document or electronic record to prevent its production as evidence
- 242. False personation for the purpose of an act or proceeding in a suit or prosecution
- 243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
- 244. Fraudulent claim to property to prevent its seizure as forfeited or in execution
- 245. Fraudulently suffering a decree for a sum not due
- 246. Dishonestly making a false claim in Court
- 247. Fraudulently obtaining a decree for a sum not due
- 248. False charge of an offence made with intent to injure
- 250. Taking a gift, etc., to screen an offender from punishment
- 251. Offering a gift or restoration of property in consideration of screening an offender
- 252. Taking a gift to help to recover stolen property, etc
- 253. Harbouring an offender who has escaped from custody or whose apprehension has been ordered
- 254. Penalty for harbouring robbers or dacoits
- 255. Public servant disobeying direction of law with intent to save a person from punishment or property from forfeiture
- 256. Public servant framing an incorrect record or writing with intent to save a person from punishment or property from forfeiture
- 257. Public servant in judicial proceeding corruptly making a report, etc., contrary to law
- 258. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law
- 259. Intentional omission to apprehend on the part of a public servant bound to apprehend
- 260. Intentional omission to apprehend on the part of a public servant bound to apprehend a person under sentence or lawfully committed
- 261. Escape from confinement or custody negligently suffered by a public servant
- 262. Resistance or obstruction by a person to his lawful apprehension
- 263. Resistance or obstruction to lawful apprehension of another person
- 264. Omission to apprehend, or sufferance of escape, on the part of a public servant, in cases not otherwise provided for
- 265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
- 266. Violation of the condition of remission of punishment
- 267. Intentional insult or interruption to a public servant sitting in a judicial proceeding
- 268. Personation of an assessor
- 269. Failure by a person released on a bail bond or bond to appear in Court