BNS Section 249 — Harbouring offender

Summary

Whenever an offence has been committed, a person who hides or shelters the offender, knowing or having reason to believe that the person is the offender, and does so with the intention of protecting that person from legal punishment, is guilty of harbouring an offender. The punishment depends on the seriousness of the original offence.

Under clause (a), if the original offence is punishable with death, the person who harbours the offender can be imprisoned for up to five years, and may also be fined.

Under clause (b), if the original offence is punishable with imprisonment for life, or with imprisonment that may extend to ten years, the person who harbours the offender can be imprisoned for up to three years, and may also be fined.

Under clause (c), if the original offence is punishable with imprisonment that may extend to one year but not to ten years, the person who harbours the offender can be imprisoned for up to one-fourth of the longest term of imprisonment provided for that original offence, or fined, or both. The type of imprisonment here is the same type as provided for the original offence.

The Explanation states that the word "offence" in this section also includes any act committed outside India that, if committed in India, would be punishable under any of the following sections: 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, and clauses (a) and (b) of section 332. For the purposes of this section, such an act is treated as if the accused person had committed it in India.

The Exception states that this section does not apply when the person who harbours or conceals the offender is the spouse of the offender.

The Illustration gives an example: A knows that B has committed dacoity, and knowingly conceals B to protect B from legal punishment. Since 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.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.8 p.966 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §212 — Harbouring offender