Section 249 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 249 of the Bharatiya Nyaya Sanhita, 2023 (Chapter XIV – False Evidence & Offences Against Public Justice):
📜 Section 249 – Harbouring Offender
Offence Defined
Whenever an offence has been committed, any person who harbours or conceals someone they know or have reason to believe is the offender, with the intention of screening them from legal punishment, commits an offence (sudhirrao.com).
⚖️ Punishment Structure
The sentence varies based on the gravity of the underlying crime:
| Underlying Offence Punishment | Imprisonment for Harbouring | Fine |
|---|---|---|
| Death penalty | Up to 5 years (rigorous or simple imprisonment) | Yes |
| Life imprisonment or ≤10 yrs | Up to 3 years | Yes |
| ≤1 year imprisonment | Up to ¼ of the maximum term of the original offence | Possible |
Exception: Section does not apply if harbouring is done by the offender’s spouse (myjudix.com, sudhirrao.com).
🔍 Key Legal Elements
Knowledge or Reason to Believe the person is an offender.
Harbouring or Concealment—any act aimed at hiding or sheltering them.
Intention to shield them from being arrested, tried, or punished.
🏛️ Procedural & Contextual Details
Cognizability & Bailability
Generally cognizable (police can arrest without warrant) and bailable, as is typical under Chapter XIV (myjudix.com).
Triable By
Typically by a Magistrate, in line with the procedure for offences in Chapter XIV.
Illustration
If someone shelters a murderer (offence punishable by death), they face up to five years’ jail plus a fine (sudhirrao.com).
🧭 Context in Chapter XIV
Section 249 is framed alongside related provisions aimed at preserving the integrity of justice procedures:
Sect 248: False charge of offence to injure
Sect 250–251: Taking or offering gifts to screen offenders
Sect 252–254: Harbouring through escape or aiding robbers/dacoits (prsindia.org).
✅ Summary
Purpose: Penalizes those who shelter offenders to obstruct justice.
Sentencing:
Death‑punishable offence → ≤ 5 yrs + fine
Life/≤10 yrs offence → ≤ 3 yrs + fine
Minor offence (≤ 1 yr) → ≤ ¼ of original sentence or fine.
Exception: Spouse of the offender is exempt.
Legal Process: Cognizable, bailable; tried by Magistrate.
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