Section 249 BNS: Harbouring offender
Bharatiya Nyaya Sanhita, 2023
Section 249 BNS at a Glance
Section 249 BNS deals with harbouring offender. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 212 IPC on 1 July 2024.
The 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.
Section 249 BNS Bare Act Text
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.
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.
IllustrationA, 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.
Source: Section 249, Bharatiya Nyaya Sanhita, 2023
Section 249 BNS in Simple Words
Section 249 of the Bharatiya Nyaya Sanhita (BNS) punishes anyone who harbours or conceals a person whom they know or have reason to believe to be an offender after an offence has been committed, with the intention of screening that person from legal punishment.
The punishment is graded according to the gravity of the underlying offence: up to five years imprisonment (and liability to fine) if the offence is punishable with death; up to three years imprisonment (and liability to fine) if punishable with life imprisonment or imprisonment up to ten years; and up to one-fourth of the longest term of imprisonment provided for the offence, or fine, or both, if punishable with imprisonment extending to one year and not to ten years. The section also applies to specified offences committed outside India, and it does not apply where the harbouring or concealment is by the spouse of the offender.
Ingredients of Section 249 BNS
- Commission of an offence
- Harbouring or concealing the offender with knowledge or reason to believe in his guilt
- The intention of screening the offender from legal punishment
- The act not being done by the spouse of the offender
Punishment Under Section 249 BNS
The 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.
Where 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.
Harbouring an offender carries imprisonment for up to five years and liability to fine if the offence is capital, up to three years and liability to fine if punishable with life or ten years, and up to one-fourth of the maximum term, or fine, or both for lesser offences.
Example of Section 249 BNS
When Section 249 BNS Does Not Apply
- No offence has in fact been committed
- The accused did not harbour or conceal the person
- The accused did not know and had no reason to believe that the person was the offender
- There was no intention to screen the offender from legal punishment
- The harbour or concealment was by the spouse of the offender
Section 249 BNS in the IPC (Previous Law)
Section 249 BNS replaces Section 212 IPC from the old criminal code.
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.
View IPC Section 212 →FAQs on Section 249 BNS
What does Section 249 BNS mean by harbouring an offender?▼
Section 249 BNS covers hiding, sheltering, or concealing a person after an offence has been committed, when you know or have reason to believe that person is the offender. It applies only if this is done with the intention of screening that person from legal punishment. The section does not apply if the harbouring or concealment is by the spouse of the offender.
What has to be proved for a case under Section 249 BNS?▼
It must be shown that an offence had already been committed, that the accused harboured or concealed the offender, and that the accused knew or had reason to believe the person was the offender. It must also be proved that the act was done to screen that person from legal punishment. Mere contact or presence is not what the section describes.
Is Section 249 BNS bailable?▼
Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.
What is the punishment for harbouring an offender under Section 249 BNS?▼
The punishment depends on how serious the main offence is. If the main offence is punishable with death, the punishment may extend to five years and liability to fine; if it is punishable with life imprisonment or up to ten years, the punishment may extend to three years and liability to fine. If the main offence is punishable with imprisonment up to one year and not up to ten years, the punishment may extend to one-fourth of the longest term provided for that offence, or fine, or both.
Under Section 249 BNS, is harbouring an offender the same as helping someone commit the offence?▼
No. Section 249 BNS applies after an offence has been committed, when a person is harboured or concealed to protect them from punishment. It is different from taking part in the offence itself, because this section is about sheltering the offender afterwards.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·