Section 254 BNS: Penalty for Harbouring Robbers or Dacoits

Section 254 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who knowingly, or having reason to believe, that persons are about to commit or have recently committed robbery or dacoity, harbours any of them with the intention of facilitating the offence or screening them from punishment.

Text of Section 254 of the Bharatiya Nyaya Sanhita, 2023

Meaning of Section 254 BNS

Section 254 deals specifically with harbouring persons connected with robbery or dacoity. The provision applies where the person giving shelter or assistance knows, or has reason to believe, that the persons concerned are about to commit or have recently committed robbery or dacoity.

Mere acquaintance or presence is not enough. The harbouring must be accompanied by the intention either to facilitate the commission of the robbery or dacoity, or to screen the robbers or dacoits from punishment after the offence.

Essential Ingredients of Section 254 BNS

• The persons harboured must be about to commit or must have recently committed robbery or dacoity.
• The accused must know, or have reason to believe, that fact.
• The accused must harbour one or more of those persons.
• The harbouring must be intended either to facilitate the robbery or dacoity or to screen the persons concerned from punishment.
• The spouse exception must not apply.

Punishment and Classification under Section 254 BNS

What Does "Harbour" Mean?

The Bharatiya Nyaya Sanhita contains a general statutory definition of "harbour". The expression is not confined to merely providing a residence or hiding place. Depending on the circumstances, it can extend to forms of assistance intended to help a person avoid apprehension or remain concealed.

Robbery and Dacoity under the BNS

Robbery and dacoity are separately defined and punished under the Bharatiya Nyaya Sanhita. Section 254 does not itself create the underlying offences of robbery or dacoity. Instead, it creates liability for intentionally harbouring persons who are about to commit, or have recently committed, those offences.

Robbery or Dacoity Within or Outside India

The Explanation to Section 254 expressly states that it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within India or outside India. This makes the geographical location of the underlying robbery or dacoity irrelevant for the limited purpose stated in the section.

Spouse Exception under Section 254 BNS

Section 254 contains an express exception where the harbouring is by the spouse of the offender. The exception is limited to the relationship specified by the statute and should be applied according to its precise wording.

Section 254 BNS and Former Section 216A IPC

Section 254 BNS substantially carries forward the subject previously dealt with by Section 216A of the Indian Penal Code, 1860. Because the IPC was repealed subject to statutory savings, conduct predating commencement of the BNS may require examination under the earlier law and the relevant repeal-and-savings provisions.

Related BNS Provisions

Quick Summary

Section 254 BNS punishes intentional harbouring of persons believed to be about to commit, or to have recently committed, robbery or dacoity when the purpose is to facilitate the offence or protect the offenders from punishment. The punishment is rigorous imprisonment for up to seven years plus fine. The offence is cognizable and bailable and is triable by a Magistrate of the first class. The section applies regardless of whether the underlying robbery or dacoity is connected with India or another country, and it contains an express exception for harbouring by the offender's spouse.

This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.