Section 249 BNS: Harbouring Offender
Section 249 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who harbours or conceals an offender, knowing or having reason to believe that the person is the offender, with the intention of screening that offender from legal punishment.
Text of Section 249 BNS
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.
Meaning of Section 249 BNS
The provision targets intentional assistance given after an offence has been committed. Mere association with an accused person is not enough. The statutory language requires harbouring or concealment, knowledge or reason to believe that the person is the offender, and an intention to screen that person from legal punishment.
Essential ingredients
- An offence must have been committed.
- The accused must harbour or conceal another person.
- The accused must know, or have reason to believe, that the person harboured or concealed is the offender.
- The harbouring or concealment must be done with the intention of screening the offender from legal punishment.
Punishment under Section 249 BNS
The punishment depends on the maximum punishment prescribed for the underlying offence committed by the person who is harboured or concealed.
| Clause | Underlying offence | Punishment for harbouring |
|---|---|---|
| 249(a) | Offence punishable with death | Imprisonment of either description up to 5 years and fine |
| 249(b) | Offence punishable with imprisonment for life or imprisonment up to 10 years | Imprisonment of either description up to 3 years and fine |
| 249(c) | Offence punishable with imprisonment extending from 1 year but not to 10 years | Imprisonment of the description provided for the underlying offence up to one-fourth of its longest term, or fine, or both |
Is Section 249 BNS Cognizable and Bailable?
Under the First Schedule to the BNSS, all three classifications under Section 249 are cognizable and bailable. Each is triable by a Magistrate of the first class.
| Provision | Cognizable | Bailable | Triable by |
|---|---|---|---|
| Section 249(a) | Yes | Yes | Magistrate of the first class |
| Section 249(b) | Yes | Yes | Magistrate of the first class |
| Section 249(c) | Yes | Yes | Magistrate of the first class |
In the BNSS First Schedule, "cognizable" indicates that a police officer may arrest without warrant, subject to the applicable procedural law.
Explanation: Certain Acts Committed Outside India
For Section 249, the word "offence" also includes specified acts committed outside India which would be punishable if committed in India. The statutory explanation refers to Sections 103, 105, 307, Section 309(2), (3) and (4), Section 310(2), (3), (4) and (5), Sections 311 and 312, Section 326(f) and (g), Section 331(4), (6), (7) and (8), and Section 332(a) and (b).
Every such act is deemed, for the purposes of Section 249, to be punishable as if the accused person had been guilty of it in India.
Exception: Harbouring by Spouse
This exception forms part of the statutory provision itself and should be considered whenever the alleged harbouring or concealment is by the offender's spouse.
Illustration under Section 249
The statutory illustration gives the example of A, who knows that B has committed dacoity and knowingly conceals B to screen B from legal punishment. Because B is liable to imprisonment for life, A may be punished with imprisonment of either description for a term up to three years and is also liable to fine.
Related BNS Provisions
Section 249 should be read in its statutory context with the neighbouring provisions dealing with offences against public justice. Useful internal references include Section 248 BNS - false charge of offence made with intent to injure, Section 250 BNS - taking gift, etc., to screen an offender from punishment, and the Bharatiya Nyaya Sanhita, 2023 index.
Frequently Asked Questions
What does Section 249 BNS punish?
It punishes harbouring or concealing a person known or reasonably believed to be an offender, when done with the intention of screening that person from legal punishment.
Is Section 249 BNS cognizable?
Yes. Clauses (a), (b) and (c) are classified as cognizable in the First Schedule to the BNSS.
Is Section 249 BNS bailable?
Yes. All three classifications under Section 249 are bailable.
Which court tries an offence under Section 249?
The First Schedule to the BNSS makes each of the three classifications under Section 249 triable by a Magistrate of the first class.
Does the section apply to a spouse who harbours the offender?
No. The section contains an express exception for harbour or concealment by the spouse of the offender.
This page is intended as a legal information resource. The application of Section 249 depends on the facts, the underlying offence and the procedural law applicable to the case.