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.
Simplified Explanation
Section 249 criminalizes the act of harbouring or concealing an individual who has committed a crime, with the intention of helping the offender avoid legal punishment. The provision emphasizes intentional concealment or protection of the offender after a crime has been committed.
Key Provisions of Section 249
Offense:
The section penalizes the act of harbouring or concealing a person known or reasonably believed to have committed an offense, in order to screen the offender from legal punishment.
- Harbouring or Concealing an Offender:
The individual providing shelter or concealing the offender must know or believe the person to be the offender. - Intention to Screen from Punishment:
The primary element of this offense is the intention to help the offender avoid legal consequences for their actions. This is the basis for the legal penalty.
Punishment:
The punishment varies depending on the nature of the underlying offense committed by the offender being harbored:
- If the offense is punishable with death, the penalty for harbouring the offender can be:
- Imprisonment: Imprisonment of either description for a term that may extend to five years.
- Fine: The person is also liable to a fine.
- If the offense is punishable with life imprisonment or imprisonment up to ten years, the penalty for harbouring the offender is:
- Imprisonment: Imprisonment of either description for a term which may extend to three years.
- Fine: The person is also liable to a fine.
- If the offense is punishable with imprisonment for a term of less than ten years, the penalty is:
- Imprisonment: Imprisonment of the same description as the offense for a term not exceeding one-fourth of the longest term of imprisonment provided for that offense.
- Fine: The person may also be liable to a fine, or both.
Explanation:
- The term “offence” in this section includes acts committed outside India that would, if committed within India, be punishable under various sections (e.g., sections 103, 105, 307, etc.).
- These extraterritorial offenses are treated as punishable within India for the purpose of this section.
Exception:
- Spouses: The section does not apply if the harbouring or concealment is carried out by the spouse of the offender. This exception recognizes the marital relationship and the possible dynamics of familial support.
Illustration of the Offense:
- Scenario:
A knows that B has committed dacoity (a serious crime) and intentionally hides B to prevent B from being captured by the authorities. Since dacoity is punishable with life imprisonment, A is committing an offense under this section and would be liable to imprisonment for up to three years and may also be fined.
Conclusion
Section 249 of the Bharatiya Nyaya Sanhita, 2023 addresses the act of harbouring or concealing offenders, imposing serious penalties to deter individuals from assisting criminals in avoiding legal punishment. The section distinguishes the penalties based on the severity of the original crime committed by the offender, and the exception for spouses highlights the recognition of family relationships in such cases.
