Introduction of BNS Section 254
BNS 254 of the Bharatiya Nyaya Sanhita lays down the punishment for harbouring robbers or dacoits. It applies to anyone who knowingly shelters or assists individuals involved in robbery or dacoity, either before the crime is committed or after it has taken place. This law ensures that no one can aid such offenders in escaping justice, and it makes clear that protecting criminals is itself a serious offence. By imposing imprisonment and fines, this section strengthens law and order and discourages people from supporting violent criminals.
The Bharatiya Nyaya Sanhita (BNS) Section 254 replaces the old Indian Penal Code (IPC) Section 216A.
- Introduction of BNS Section 254
- What is BNS Section 254 ?
- BNS 254 in Simple Points
- Section 254 BNS Overview
- BNS 254 Punishment
- BNS 254 bailable or not ?
- Bharatiya Nyaya Sanhita Section 254
- BNS Section 254 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 254 ?
BNS Section 254 deals with the offence of harbouring robbers or dacoits. This section punishes individuals who knowingly assist or shelter persons involved in robbery or dacoity, either to facilitate the commission of the crime or to shield the criminals from apprehension. The law recognizes this as a serious crime because it undermines efforts to bring criminals to justice.
Under Section 254 of the bns act 2023
“Whoever knowingly harbours or conceals any person who has committed or is about to commit robbery or dacoity, intending thereby to assist them or to shield them from punishment, shall be punished with rigorous imprisonment which may extend to seven years, and shall also be liable to fine.
Provided that this section shall not apply when the harbourer is the spouse of the offender.”
1. Meaning of Harbouring Robbers or Dacoits
- Harbouring means giving shelter, hiding, or offering support to robbers or dacoits.
- This includes providing a safe place before the crime, or hiding criminals after the offence is committed.
- The key element is knowledge—the person harbouring must know that the individuals are robbers/dacoits.
- Spouses are exempted from punishment.
2. Who is Covered?
This section applies to any person who knowingly:
- Provides shelter or assistance to robbers or dacoits.
- Helps them prepare for a robbery or dacoity.
- Conceals them after the crime to prevent their arrest.
3. Nature of the Offence
- Cognizable → Police can arrest without a warrant.
- Bailable → Accused has the right to seek bail.
- Non-Compoundable → Cannot be settled privately; trial must proceed.
- Triable by Magistrate of the First Class → Heard in lower criminal courts.
4. Punishment underBNS Section 254
- Rigorous Imprisonment → Up to 7 years.
- Fine → Additional fine may be imposed by the court.
- Both → Imprisonment + fine in serious cases.
5. Examples of BNS Section 254
Example 1 – Helping Before the Crime:
A man allows a group of robbers to use his farmhouse as a hideout before they commit a bank robbery. He is guilty under Section 254.
Example 2 – Hiding After the Crime:
A villager hides dacoits in his house after they loot a bus and run away. He can be punished under Section 254.
Example 3 – Spouse Exception:
A wife shelters her husband after he commits a robbery. She will not be punished under this section because of the spouse exception.
6. Importance of BNS Section 254
- Protects society from violent crimes like robbery and dacoity.
- Prevents obstruction of justice by punishing helpers of criminals.
- Acts as a deterrent so that people think twice before aiding robbers/dacoits.
- Maintains law and order by ensuring criminals cannot easily find shelter.
Section 254 BNS Overview
BNS Section 254 addresses the penalty for harbouring robbers or dacoits—people who engage in robbery or dacoity. This section penalizes anyone who knowingly shelters or helps robbers or dacoits, either to assist in the crime or to shield them from punishment. The punishment for such an act includes rigorous imprisonment for up to 7 years and the possibility of a fine.
10 Key Points of BNS Section 254 (Harbouring Robbers or Dacoits)
- Definition of Harbouring Robbers or Dacoits:
- Harbouring robbers or dacoits refers to providing shelter or assistance to individuals who are either about to commit or have recently committed robbery or dacoity (a violent form of robbery). The help could be in the form of offering a safe place to hide or any action that prevents the person from being arrested.
- Intent to Facilitate the Crime or Screen the Criminals:
- The person committing the offence under this section must have the intent to either facilitate the robbery or dacoity or screen the offenders from punishment. This means that the person harbouring the criminals helps them either by supporting the commission of the crime or by covering their tracks to avoid arrest.
- Punishment for Harbouring:
- If convicted, the person found guilty of harbouring robbers or dacoits will be sentenced to rigorous imprisonment for a term that can extend up to 7 years and can also be fined. This is a significant penalty reflecting the severity of helping criminals involved in serious crimes like robbery or dacoity.
- Irrelevant Whether the Crime Was Committed Inside or Outside India:
- An important aspect of this section is that it doesn’t matter whether the robbery or dacoity was committed within India or outside India. The offence of harbouring applies equally, even if the crime took place in another country. This helps in addressing cross-border crimes or international criminals.
- Exception for Spouses:
- The law specifically exempts spouses of the offenders from prosecution under this section. If the person harbouring the robbers or dacoits is the spouse of the offender, they are not liable under BNS Section 254. This exception recognizes the unique relationship between spouses and the legal protections they have.
- Cognizable Offence:
- Harbouring robbers or dacoits under this section is a cognizable offence, meaning the police have the authority to arrest the accused without a warrant. This allows law enforcement to take immediate action against the person harbouring criminals.
- Bailable Offence:
- BNS Section 254 is bailable, meaning a person arrested for this offence can apply for bail. A judge will assess the case and decide whether to grant bail, based on the circumstances of the case.
- Non-Compoundable Offence:
- This offence is non-compoundable, meaning it cannot be settled through an agreement between the parties involved. It must be prosecuted through the legal system, and the accused cannot withdraw the case by mutual consent.
- Trial by Magistrate of the First Class:
- The case under BNS Section 254 will be triable by a Magistrate of the First Class. This means that a first-class magistrate will have the authority to conduct the trial, hear arguments, and issue the sentence for the offence.
- Purpose of the Law:
- The purpose of BNS Section 254 is to ensure that individuals who assist robbers or dacoits in any way are held accountable. It emphasizes that preventing the apprehension of criminals or helping them commit crimes is a serious criminal act, punishable by imprisonment and fines.
Examples of BNS Section 254
Example 1: A group of robbers plans a major heist. One of the criminals, aware of the plan, hides the robbers at their house, giving them a place to rest before the crime takes place. The person who provided shelter can be arrested under BNS Section 254, facing rigorous imprisonment for up to 7 years and a fine.
Example 2: A dacoity is committed in a remote village, and a member of the dacoit group flees the scene, knowing the police are after them. A relative of the fleeing dacoit hides them in their home for several days, knowing that the person is involved in a serious crime. The relative can be arrested under this section, facing up to 7 years imprisonment and a fine for harbouring the criminal.
BNS 254 Punishment
Rigorous imprisonment for a term that can extend up to 7 years, and a fine. The severity of the punishment reflects the seriousness of harbouring robbers or dacoits, as it involves both assisting in the crime and obstructing justice.
BNS 254 bailable or not ?
BNS Section 254 is a bailable offence, meaning that if someone is arrested under this section, they can apply for bail. The decision to grant bail depends on the discretion of the judge, who will assess the case based on the circumstances.
Bharatiya Nyaya Sanhita Section 254
| BNS Section | Offence | Punishment | Bailable | Cognizable | Trial by |
|---|---|---|---|---|---|
| 254 | Harbouring robbers or dacoits (knowingly assisting or hiding them). | Rigorous imprisonment for up to 7 years and fine | Bailable | Cognizable | Magistrate of the first class |
| Bharatiya Nyaya Sanhita Section 254 | |||||
Comparison table — BNS 254 vs IPC 216A
| Criteria | BNS Section 254 | IPC Section 216A |
|---|---|---|
| Provision | Relates to harbouring robbers or dacoits, i.e., giving shelter or assistance to them knowingly. | Dealt with harbouring robbers or dacoits under the IPC with similar intent of preventing their apprehension. |
| Punishment | Rigorous imprisonment up to 7 years and fine. | Rigorous imprisonment up to 7 years and fine (same as BNS 254). |
| Bailable / Non-Bailable | Bailable offence | Bailable offence |
| Cognizable / Non-Cognizable | Cognizable (police can arrest without warrant) | Cognizable (police can arrest without warrant) |
| Trial Court | Magistrate of the first class | Magistrate of the first class |
| BNS 254 carries forward IPC 216A with similar provisions but aligns terminology with modern Bharatiya Nyaya Sanhita language. | ||
BNS Section 254 FAQs
What does “harbouring robbers or dacoits” mean under BNS Section 254?
It means providing shelter or assistance to individuals who are involved in robbery or dacoity, either to help them commit the crime or to shield them from punishment.
What is the punishment for harbouring robbers or dacoits?
The punishment can be rigorous imprisonment for up to 7 years and a fine.
Is the offence of harbouring robbers or dacoits bailable?
Yes, this offence is bailable, meaning the accused can apply for bail after arrest.
Can a spouse be punished under this section for harbouring a robber or dacoit?
No, the provisions of this section do not apply if the person harbouring the criminal is the spouse of the offender.
Is this a cognizable offence?
Yes, this is a cognizable offence, meaning the police can arrest the accused without a warrant.
Who will try the case under BNS Section 254?
The case will be tried in a Magistrate’s Court of the first class.
Conclusion
BNS Section 254 plays a critical role in preventing robbery and dacoity from spreading by punishing those who shelter or conceal such criminals. It ensures that the legal system cannot be undermined by people who try to shield offenders. With punishments of up to seven years of rigorous imprisonment and fines, the section acts as a strong deterrent against aiding violent criminals. By balancing the seriousness of the crime with fair exceptions (such as for spouses), this provision maintains both justice and humanity. In short, BNS 254 safeguards society by closing the door on those who might support or protect robbers and dacoits.
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