Definition of Section 249 of the Bharatiya Nyaya Sanhita, 2023
If a crime has been committed by a person and the court has declared that person as a criminal, then any other person who provides shelter to or hides that criminal will be guilty under Section 249 of the BNS.
Sanjeev Kumar vs. State of Himachal Pradesh: In this case, the Supreme Court clearly stated that providing shelter to or hiding an accused person is not an offense under this section until the court has declared them a criminal.
Exception: If a wife hides or shelters her husband or a husband shelters his wife who is guilty of a crime, they will not be guilty under this law.
Provision of Punishment under Section 249 of the Bharatiya Nyaya Sanhita, 2023
The offenses under this section are cognizable and bailable, meaning that a direct FIR can be registered by a police officer for this offense, and a complaint can also be lodged before the First Class Judicial Magistrate. The trial for this offense is conducted by the First Class Judicial Magistrate.
The punishment for offenses under Section 249 is divided into three parts:
1. If a person hides a criminal sentenced to death, they will be punished with five years of imprisonment and a fine.
2. If a person provides shelter to a criminal sentenced to life imprisonment or up to ten years of imprisonment, they will be punished with a maximum of three years of imprisonment and a fine.
3. If the crime committed by the criminal is punishable with more than one year but less than ten years of imprisonment and they are given shelter, the person providing shelter will be punished with one-fourth of the maximum punishment for that crime. Notice: This is a copyright-protected post. Do not attempt to copy this article.
Disclaimer: This information is for educational and awareness purposes only. Please consult an advocate authorized by the Bar Association before taking any legal action.
