IPC §212 → BNS §249
Harbouring offender.— if a capital offence; if punishable with imprisonment for life, or with imprisonment
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Comparison
212. 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, if a capital offence.—shall, 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; if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; 1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956). and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall 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. 1[“Offence” in this section includes any act committed at any place out of 2[India], which, if committed in 3[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; 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 3[India].] Exception.—This provision shall not extend to any case in which the harbour or concealment is by the husband or wife 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 3[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.
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.
What changedAI-inferred
IPC 212 (harbouring offender with intent to screen from legal punishment; three-tier punishment based on gravity of underlying offence) is preserved as BNS 249 with one textual change: the Exception's gendered 'wife of the offender' is replaced by 'spouse of the offender' — the same gender-neutralisation pattern as BNS 164 (IPC 136 deserter-spouse exception). The dacoity-concealment illustration is preserved.
Old position
IPC 212 is concerned with Harbouring offender.— if a capital offence; if punishable with imprisonment for life, or with imprisonment. Harbouring offender
New position
BNS 249 modifies the framework. Topic: 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,
IPC 212 (harbouring offender with intent to screen from legal punishment; three-tier punishment based on gravity of underlying offence) is preserved as BNS 249 with one textual change: the Exception's gendered 'wife of the offender' is replaced by 'spouse of the offender' — the same...
Editorial deltaAI-indicated (source-linked)
BNS-249 reproduces the operative content of IPC-212 on harbouring offender but reorganises the punishment-or-condition layer into structured (a)/(b) sub-clauses. Punishment levels are preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 212 continues to apply. For matters from that date forward, BNS 249 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 249 (Harbouring offender). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §212 → BNS §249 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/ipc/212.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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