Harbouring
-harbours
ha
ghoerer
or conceals a
the
[Link]
person
an offence has
whom knows he been commit ed,
or has
with
oflender,
the
intention screening him from legal to believe to
of reason
he
a if
the, offence is punishable with
death, be punishment shall,-
ofeitherdescription for a term punishedto with imprisonment
which may extend
also be liable to fine; five years, and shal)
b)iftheL offence is
imprisonment
punishable
which
with imprisonment for life, or
with
may extend to ten years, be
nnrisonment of either description for a term which punished with
may extend to
three years, and shall also be liable to fne.
Ethe offence is
punishable with
ane vear, and not to ten years, be imprisonment which may extend to
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,
Etblanation."Offence"
nlce out of India,
in this section incudes any act
committed at any
which, if committed in India, would be punishable under
ny of the following sections, namely, 103, 105, 307,
9 of section 309, sub-sections (2), (3), (4) sub-sections (2), (3) and
and (5) of section 310, 311, 312,
dauses () and (g) of section 326, sub-sections (4), (6), (7)
331, clauses (a) and (b) of section 332 and and (8) of section
every such act shall, for the purposes
ot this section, be deemed to be
gulty of it in India. punishable
as if the accused person had been
Exception.-This section shall not extend to any case in which the harbour or
concealment is by the spouse of the offender.
Illustration.
Lhichg hat Bhas committed dacoity, knowingly conceals Bin order to screen him from legal
punishmentfor, Hera e, as Bis liable to imprisonment for life, Ais liable to imprisonment of either
description term not exceeding three years, and is also liable to fine.
1090 Section 249 Chapter XIIOf Falke Eridence andi Ofences Against
COMPARATIVE TABLE Prublic Justice
SECTION 249, BHARATIYA NYAYA SECIION 212, INDIAN PENAL
SANHITA, 2023 CODE, 1860
[s 249) Harbouring [Link] an (s 212) Harbouring offender.
offence has been commited. whover hartours oroffence has been committed,
whoeverWheharnbeourver s or
conceals a person whom he knous or has reason to conceals a person whom he knows or
believe to kthe ofender. with the intention of believe to be the offender, with the has reason toof
sCreening hinm from legal punishment shal. screening him from legal punishment: intention
(a if the ofence is punishable with death. be if a capital offence.-shall. if the
punished with imprisonment of either punishable with death, be
puni shed offencewithis
description for a term which may extend to imprisonment of either description for a
five vears. and shallalso be liable to fine: which may extend to five years, and shall alsoterm
5) if the ofence is punishable with liable to fine:
imprisonment for life, or yith imprisonment if
punishable with imprisonment for life.
which may extend to ten years, be punished with imprisonment.--and if che ofene
with imprisonment of either description for a punishable with imprisonment for life, or wir
term which may extend to three years, and imprisonment which may extend to ten years. shall
shall also be liable to fine; be punished with imprisonment of either
(c) if he offence is punishable with description for a term which may extend to three
Impisonment which m¡y extend to one years, and shall also be liable to fine:
year, and not to ten years, be punished with and if the offence is punishable with
imprisonment of the description provided imprisonment which may extend to one year, and
for the offence for a term which may extend not to ten years, shal be punished
with
to one-fourth part of the longest term of imprisonment of the description provided for the
imprisonment provided for the offence, or offence for a term which may extend to one-fourth
with fine, or with both. part of the longest term of imprisonment provided
|Eplanation-"Offence in this section includes any for the offence, or with fine, or with both.
act cornmied at any place out of India, which, if "Offence in this section includes any act
Commited in India, would be punishable under any commited at any place out of India, which, if
|of the following sections, namely, 103, 105, 307, committed in India, would be punishable
under
sub-sections (2), (3) and (4) of section 309, sub-any of the following sections, namely, 302, 304.
sections (2), (3), (4) and (5) of section 310, 311,|382, 392, 393, 394, 395, 396, 397, 398, 399.
312, clauses (f) and (g) of section 326, sub-sectionsÁ02, 435, 436, 449, 450, 457, 458, 459 and
460;
(4), (6), (7) and (8) of section 331, clauses (a) andand every such act shall,
for the purposes of ths
(b) of section 332 and every such act shal, for the section. be deemed to be
punishable as if the
purposes of this section, be deemed to be punishable accused person had been guilty of it in India.
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
[Link] section shall not extend to any by the husband or wife of the offender.
case in which the harbour or concealment is by the
spouse of the offender. Illustration.
Illustration. A, knowing that has committed dacoity,
|knowinglyconceals Bin order to screen him from
A, knowing that B has committed dacoity, legal
punishment. Here, as B is Iiable
knowingly conccals B in order to screen him ¡mprisonment for life. A is liable to imprisonmeni
Section 249 1091
BHARATIYA NYAYA SECTION 212. INDIAN PENAL.
ECTION 249,
SANHITA, 2023
CODE, 1860
legalpunishment, Here, as Bis liable toof either
A is liable
description for a term not cxceeding three
for lifc,
to ycars, and is also liable to fine
inyris
onmenr
cither description for aterm not
inyrisonmcnt
of is also liable to fine.
ycars,and
three
umng
CLASSIFICATION OFTHE OFFENCE1
Punishment Cognizable or Non Bailable or Non By What Court
cognizable Bailable Triable
Imprisonmentfor 5 Cognizable Bailable Magistrate of the
vearsandfine. First Class.
Imprisonmentfor3 Cognizable. Bailable. Magistrate of the
vearsandfine first class.
SYNOPSIS
1091
Harbouringan
offender 1091 [s 249.2] Ingredients.
k 249.1]
COMMENTS
Nyaya Sanhita, 2023 corresponds to Section 212 of the
Cartion 249 of the Bharatiya provision is re arranged with sub-sections - (a), (b)
860. The
mbile Indian Penal Code, 1 Explanation of the provision are altered to suit the
in the been
and lc). The Sections referred Sanhita, 2023. In the exception "husband and wife" has
scheme of the Bharatiya Nyaya
"spouse".
substituted with the word
offender
(s 249.1] Harbouring an English law. Ic
accessory after the fact, as provided under the
This section is similar to an offender, on the principle that it is the dury
those who harbour the law.'
fixes criminal liability on thwart public justice or the vengeance of
assist and not to knows, or
ot every citizen to concealing a person whom the
accused
giving shelter or screening him from
Ihe section applies to offender, with the intention of
offence
has reason to believe, to be an upon the nature and gravity of the
depending
punishment. The punishment varies
Committed and the person harboured."9
Is249.2] Ingredients are essential, viz.,
fourthings
To
constitute an offence under this section
Sanhita, 2023
91. See First:Schedule of the Bharatiya Nagarik Suraksha of harbour.
for meaning 1909-1915).
2(13)
92. See Nyaya Sanhita, 2023, secction(1 1th Edn, volI, pp
BharatiyHaria
93. See Gour
Singh, Penal Law of
India,
1958 AII 214.
94.
Tabsildar Singh vState of Uttar Pradesh, AIR
Justice meaneclorhine
husband
exCUsed
a
child.
Public 2023,drink, is his
a relation
Against of
Sanhita, case assistservant.
food,
Offences the othercannot
his
as in
Nyaya
suchhowever,
no master
father
and
Chapter Bharatiya But
asistance,
Evidence. a or
other.
a
exception,
instance,
master
the :possiblecach
Fake
XlV-Of of his
harbouring
For
2(13) an servant
all makes feions.
him
section a
for
section
giving to brothe
under liableassistance
and but The
(iv)
criminal
intention. held his
conccalment,
defined
person, brother
etc.
be or
250 () offender,
(i)
an
Sectionoftence,
an amenities,
cannotof,
as a a
Harbouring,
hiding receipt
parent,
his who
(ii) onlyother wilfulhis
wife,
1092
not and for child
s 253) Harbouring offender who has escaped from custody or whose
pprehension has been [Link] any person convicted of or
in charged
dhan offence,
being lawful custody for that offence, escapes from such
aastody, or whenever a public servant, in the exercise of the lawful powers of
guch public servant, orders a certain person to be apprehended for an offence,
r knowing of such escape or order for apprehension, harbours or
onceals that person with the intention of preventing him from being
gprehended, shall bepunished in the manner following, namely:
I02. Biswanath Dubey, AIR 1940 Pat 548.
103. Yasuf Mian, AIR 1938 All 68 1.
1098 Section 253 Chapter XIV ofFake lividence andIOfences Against Public Justice
(a) if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with
imprisonment of cither description for a term which may extend to
liable to fine:
seven years, and shall also be
(b) if the offence is punishable with imprisonment for life or imprisonnent
for ten years, he shall be punished with imprisonment of either
description for a term which may extend tothree years, with or without
fine:
,
offence is punishable with imprisonment which may extend
(c) ifonetheyear and not to ten years, he shall be punished with imprisonment
a term which may extend
of the description provided for the offence forimprisonment provided for
toone-fourth part of the longest term of the
such offence, or with fine, or with both.
omission of
Explanation,"Offence" in this section includes also any act or had been
guilty out of India, which, if he
which a person is alleged to have beenpunishable as an offence, and for which he
guilty ofit in India, would have been
is, under any law relating to extradition, or otherwise, liable to be apprehended
every such act or omission shall, for the
or detained in custody in India, and punishable as if the accused person
purposes of this section, be deemed to be
had been guilty of it in India.
extend to the case in which
Exception.-The provisions of this section do not
the person to be apprehended.
the harbour or concealment is by the spouse of
CLASSIFICATION OF THE OFFENCE104
Bailable or Non By What Court
Punishment Cognizable or Non
Section Bailable Triable
cognizable
Bailable Magistrate ofthe
253(a)
Imprisonment forCognizable first class.
Seven years and fine
Bailable Magistrate ofthe
253(b) Imprisonment for 3 Cognizable first class
years, with or
without fine
Magistrate ofthe
Cognizable Bailable
253(c) Imprisonment for first class
one-fourch of the
longest term
provided for the
offence, or fine, or
both
Bharatiya Nagarik Suraksha Sanhita,
2023.
104. See First Schedule of the
harbonringrobbers or dacoits Section 254 1099
lefir
SYNOPSIS
Ilarbouringcscaped offender 1099 ( )51 2|
lngrediente
COMMENTS
Sotion253 ofthe Rharatiya Nyaya Sanhita, 2023 corresponds to Section 216 of the
Code, 1860. The section has been re arranged with ub sectrions (a). (b) and
l'enal
clanation
Itian and an exception, Certain judicial pronouncements on the
[Link] Penal Code, 1860 are retained and referred herein
fundanentals
Indian
The
Harbouring escaped. offender
/s253.
1) |
on is an aggravated torm of the offence defined under
Goundan: This section
Stion 212 applics to harbouring an offender after the commission of an offence who
ahaconds
IP betore his conviction; while section 216; punishes harbouring an offender who has
from lawful custody after being convicted of, or charged with an offence, or when
apprehension has been ordered, 105
his
s253.2] Ingredients
offenceunder this section the following points must be proved:
To constitutean
(1) That the person in question was convicted of, or charged with an offence, or that
apublic servant in the exercise of his lawful power ordered his apprehension;
(2) That he was in lawful custody and escaped from such custody:
(3) That che accused had harboured or concealed such offender with knowiedge ot
preventing him from being apprehended;
(4) That the offence was punishable with death or imprisonment for life or
imprisonment for a shorter term.
The offence under this section is cognizable, bailable, non-compoundable and riable by a
Magistrate of first class.
