Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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.
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.
Brief Detail
BNS Section 249 covers the crime of harbouring or concealing a known offender with the intent to shield them from legal punishment. Depending on the severity of the offence committed by the offender, the person harbouring the offender can face imprisonment and fines.
Question & Answers
Q1: What is the punishment for harbouring an offender who is sentenced to death?
A1: Under Section 249, if the offence is punishable with death, the person harbouring the offender can face imprisonment for a term which may extend to five years, along with a fine.
Q2: Does Section 249 apply to spouses of offenders?
A2: No, Section 249 has an exception for spouses. If the harbouring or concealment is done by the spouse of the offender, the section does not apply.
Example
Example Scenario:
If A knowingly conceals B, who has committed dacoity and is liable to life imprisonment, A can face imprisonment for up to three years and a fine.
Summary
BNS Section 249 penalizes those who intentionally conceal or harbour offenders to protect them from legal consequences, with punishments based on the severity of the offence. The section includes specific provisions for different types of offences, but it does not apply if the concealment is by the offender's spouse.
