IPC Section 216A and BNS Section 254: Harbouring Robbers or Dacoits

Harbouring persons who are about to commit, or have recently committed, robbery or dacoity can be a criminal offence where the harbouring is intended to facilitate the crime or shield the offenders from punishment. This guide explains the former IPC Section 216A and the current BNS Section 254.

Reviewed: 29 October 2026

Current law: Section 254 of the Bharatiya Nyaya Sanhita, 2023 applies from 1 July 2024. Section 216A of the Indian Penal Code, 1860 remains relevant to conduct governed by the earlier law, subject to applicable repeal, savings and transitional provisions.

Meaning of Section 254 BNS

Under Section 254, a person commits this offence when they harbour one or more persons knowing, or having reason to believe, that those persons are about to commit or have recently committed robbery or dacoity, and do so with the intention of helping the offence take place or protecting those persons from punishment.

Harbouring includes providing shelter or other assistance amounting to harbour under the statutory definition in the BNS. The circumstances, knowledge and purpose of the assistance matter; ordinary contact alone does not establish every element of the offence.

Essential ingredients

One or more persons are about to commit or have recently committed robbery or dacoity.
The accused knows or has reason to believe this.
The accused harbours one or more of those persons.
The harbouring is intended to facilitate the robbery or dacoity, or to screen those persons from punishment.

Punishment under IPC 216A and BNS 254

Provision	Punishment
IPC Section 216A (earlier law)	Rigorous imprisonment for up to 7 years and liability to fine.
BNS Section 254 (current law)	Rigorous imprisonment for up to 7 years and liability to fine.

The statutory provision does not prescribe a fixed amount of fine. The term of imprisonment is a maximum, not an automatic sentence in every case.

Robbery or dacoity outside India

The explanation to BNS Section 254 expressly provides that it does not matter whether the robbery or dacoity is planned or has taken place within India or outside India. The other statutory ingredients must still be established, and questions of jurisdiction must be considered under the applicable law.

Exception for the offender's spouse

Section 254 expressly excludes cases in which the harbouring is by the spouse of the offender. IPC Section 216A described this exception in terms of the offender's husband or wife. The exception is specific to this provision and should not be treated as general immunity from all offences.

Cognizable, bailable and trial

Under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence under BNS Section 254 is classified as cognizable and bailable, and is triable by a Magistrate of the first class. Cognizable means the police may investigate without obtaining a Magistrate's order as required for non-cognizable offences; bailable means bail is available as a matter of right subject to legal requirements.

Practical illustrations

Example 1: A person knowingly gives a gang a safe house before a planned dacoity so they can prepare and avoid detection. If the required intention is established, Section 254 may apply.

Example 2: A person shelters known robbers immediately after a robbery to keep them from being arrested. The conduct may fall under Section 254 if the knowledge and screening intention are proved.

Example 3: A shopkeeper unknowingly provides lodging to persons later found to have committed robbery. Without the required knowledge or reason to believe and intention, the mere lodging does not by itself establish this offence.

IPC Section 212 (now BNS Section 249) concerns harbouring an offender after an offence to screen them from punishment. IPC Section 216 (now BNS Section 253) concerns harbouring a person who escaped lawful custody or whose apprehension has been ordered. Section 254 specifically addresses harbouring robbers or dacoits before or shortly after such offences.

Frequently asked questions

Which BNS section corresponds to IPC Section 216A?

BNS Section 254, titled "Penalty for harbouring robbers or dacoits."

What is the maximum punishment?

Rigorous imprisonment up to seven years, together with liability to a fine.

Does the law cover a robbery planned outside India?

Yes. The explanation to Section 254 states that it is immaterial whether the robbery or dacoity is intended or committed within or outside India.

Is harbouring by a spouse covered?

No. Section 254 contains an express exception for harbouring by the offender's spouse.

Is the offence bailable?

Yes. BNS Section 254 is classified as bailable under the BNSS First Schedule.

Official legal sources

This page provides general legal information, not advice on a particular case. The statutory text and applicable amendments prevail.