BNS Section 249 – Harbouring offender

The Indian Penal Code (IPC) Section – 212

Understanding BNS Section 249: Harbouring an Offender

The legal system aims to ensure that offenders are brought to justice. However, when someone knowingly harbours or conceals an offender to help them evade punishment, it obstructs justice. Section 249 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.

Understanding the Explanation and Exception in BNS Section 249

Section 249 of the Bharatiya Nyaya Sanhita (BNS) not only deals with harbouring offenders within India but also extends its scope to certain acts committed outside India. Additionally, it provides an exception for spouses. Let’s break down the explanation and exception in simple terms.

Explanation: Offenses Committed Outside India

The term “offense” in Section 249 includes acts committed outside India that would be punishable under specific sections of the law if committed within India. These sections include:

• Sections 97, 99: Right to private defense.
• Sections 172, 173, 174, 175: Offenses related to obstructing public servants or avoiding legal processes.
• Sections 301, 303, 304, 305, 306: Offenses related to culpable homicide, murder, and abetment of suicide.
• Sections 320, 325, 326: Offenses related to causing grievous hurt.

If such acts are committed outside India, they are treated as if they were committed within India for the purpose of Section 249. This means that harbouring or concealing a person who committed such acts outside India will still be punishable under this section.

What Does Section 249 Say?

Section 249 deals with the act of harbouring or concealing an offender to prevent them from facing legal punishment. Here’s what the law states:

• Offense: If a person knowingly harbours or conceals someone they know or have reason to believe is an offender, with the intention of helping them avoid legal punishment, they commit an offense.
• Punishment: The punishment varies depending on the severity of the offense committed by the offender:
  1. If the offense is punishable with death:
     • Imprisonment for up to 5 years, and
     • A fine.
  2. If the offense is punishable with life imprisonment or imprisonment up to 10 years:
     • Imprisonment for up to 3 years, and
     • A fine.
  3. If the offense is punishable with imprisonment up to 1 year (but not 10 years):
     • Imprisonment for up to one-fourth of the maximum term of the offense, or
     • A fine, or
     • Both imprisonment and fine.
• Exception: This section does not apply if the offender is harboured or concealed by their spouse.

Key Points to Understand

Why is This Law Important?

1. Ensures Justice is Served: It prevents individuals from helping offenders evade punishment.
2. Maintains Rule of Law: It discourages people from obstructing legal processes.
3. Protects Society: By ensuring offenders face consequences, it helps maintain public safety.

Illustration from the Law

• Example: A knows that B has committed dacoity (a serious crime punishable with life imprisonment). A knowingly hides B to help him avoid legal punishment. In this case, A is liable to imprisonment for up to 3 years and a fine.

Key Definitions

• Harbouring: Providing shelter or protection to an offender.
• Concealing: Hiding an offender to prevent their arrest.
• Offense: Includes acts committed outside India that would be punishable under specific sections if committed in India.

Conclusion

Section 249 of the BNS is a crucial provision to ensure that offenders cannot evade justice with the help of others. Harbouring or concealing an offender is a serious offense, and the punishment varies based on the severity of the original crime. Always act responsibly and within the bounds of the law.

If you have any questions or need further clarification, feel free to reach out to a legal professional. Stay informed, stay lawful!

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.