IPC 212→BNS 249

IPC 212 to BNS 249: Harbouring offender

Section 212 IPC (1860) replaced by Section 249 BNS (2023)

View IPC Section 212 →View BNS Section 249 →

IPC 212 to BNS 249 at a Glance

Section 212 IPC (Harbouring offender) is now Section 249 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 212 to BNS 249?

Section 212 IPC is now Section 249 BNS. The section is structured into clause a, clause b and clause c. The exception for the husband or wife of the offender is updated to the spouse of the offender. In the Explanation, references to IPC provisions are updated to the corresponding BNS sections. The punishment terms remain unchanged.

IPC 212 vs BNS 249: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section212249
OffenceHarbouring offenderSame
PunishmentThe term follows the offence committed. If punishable with death, imprisonment of either description for up to five years. If punishable with imprisonment for life or up to ten years, imprisonment of either description for up to three years. If punishable with imprisonment from one year up to ten years, imprisonment of the description provided for that offence for up to one-fourth of its longest term.Same
FineWhere the offence harboured is capital or punishable with imprisonment for life or up to ten years, the offender is also liable to fine in addition to imprisonment; for lesser offences, the court may award fine alone or with imprisonment. The section fixes no amount.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 212 and BNS 249: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 212, IPC 1860

212. 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, if a capital offence.—shall, 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; if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall 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. “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, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; 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 provision shall not extend to any case in which the harbour or concealment is by the husband or wife 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.
BNS 2023 (in force)

Section 249, BNS 2023

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.

Ingredients: IPC 212 vs BNS 249

Under IPC 212
  1. An offence has been committed
  2. The accused harboured or concealed a person whom he knew or had reason to believe to be the offender
  3. The act was done with the intention of screening that person from legal punishment
  4. The harbouring or concealment was not by the husband or wife of the offender
Under BNS 249
  1. Commission of an offence
  2. Harbouring or concealing the offender with knowledge or reason to believe in his guilt
  3. The intention of screening the offender from legal punishment
  4. The act not being done by the spouse of the offender

What IPC 212 to BNS 249 Means for Pending Cases

For Section 212 IPC (now Section 249 BNS): the punishments are unchanged, so a charge for an act done after the BNS came into force cites Section 249 BNS and applies the gender-neutral spouse exception.

FAQs: IPC 212 to BNS 249

What changed when Section 212 IPC became Section 249 BNS?▼

The section is organised into clause a, clause b and clause c. The Exception replaces husband or wife with spouse, making it gender-neutral. The Explanation updates cross-references to corresponding BNS provisions. The punishments remain the same in each tier.

Where does Section 212 IPC sit in the BNS?▼

In Section 249 BNS, in Chapter XIV, Of False Evidence and Offences Against Public Justice.

Does Section 212 IPC or Section 249 BNS apply to an act done before 1 July 2024?▼

Section 212 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 212 IPC. Section 249 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·