Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Explanation: For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.
Exception: This section does not extend to the case in which the harbour is by the spouse of the offender.
BNSS Classification
- Rigorous imprisonment for 7 years and fine.
- Cognizable
- Bailable
- Triable by Magistrate of the first class.
Simplified Explanation
This section focuses on penalizing individuals who knowingly harbour or assist robbers or dacoits either before or after they commit the crimes of robbery or dacoity.
Key Provisions
- Who is Liable?
- Anyone who knows or has reason to believe:
- That a robbery or dacoity is about to be committed, or
- That a robbery or dacoity has recently been committed.
- And, with this knowledge, they harbour the individuals involved:
- To facilitate the robbery or dacoity, or
- To protect the offenders from punishment.
- Anyone who knows or has reason to believe:
- Punishment:
- Imprisonment: Rigorous imprisonment for up to 7 years.
- Fine: The offender is also liable to pay a fine.
- Explanation:
- It is irrelevant whether the robbery or dacoity was planned or executed within India or outside India.
- This provision recognizes the transnational nature of crimes and ensures culpability for harbouring offenders even if the offence was international.
- It is irrelevant whether the robbery or dacoity was planned or executed within India or outside India.
- Exception:
- The section does not apply if the person providing the harbour is the spouse of the offender.
BNSS Classification
- Type of imprisonment: Rigorous imprisonment.
- Maximum term: 7 years.
- Fine: Mandatory component alongside imprisonment.
- Cognizability: Cognizable offence (police can arrest without a warrant and begin investigation without prior approval of a magistrate).
- Bailability: Bailable offence (the accused has the right to secure bail).
- Trial: Triable by a Magistrate of the First Class.
Legal Implications:
- This section emphasizes the responsibility of individuals to refrain from assisting offenders engaged in serious crimes like robbery and dacoity.
- It provides a deterrent by imposing rigorous punishment for those aiding or abetting such offenders.
- By including acts committed outside India in its scope, it aligns with the international obligations to combat organized and cross-border crimes.
Key Distinction from Other Sections:
- While Section 253 penalizes harbouring offenders who have escaped custody or whose arrest is ordered, Section 254 specifically targets harbouring robbers or dacoits before or after the commission of the crime.
This section thus strengthens the law enforcement framework against organized criminal activities like robbery and dacoity by extending penalties to accomplices aiding in these acts.
