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IPC · Chapter XI · Of false evidence and offences against public justice

IPC section 216A in the BNS

IPC 216ABNS 254

IPC section 216A, “Penalty for harbouring robbers or dacoits”, is now BNS section 254 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

What changed

From IPC 216A to BNS 254

Now BNS section 254, with the same punishment. The Exception now covers harbouring by the offender’s “spouse” (IPC: husband or wife).

The official text

Old and new, side by side

Indian Penal Code, 1860

Section 216A Penalty for harbouring robbers or dacoits

Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.

Exception.—This provision does not extend to the case in which the harbour is by the husband or wife of the offender.` 216B. Definition of “harbour” in sections 212, 216 and 216A. Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), s. 3.

Bharatiya Nyaya Sanhita, 2023

Section 254 Penalty for harbouring robbers or dacoits

Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.

Exception.—The provisions of this section do not extend to the case in which the harbour is by the spouse of the offender.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNS repealed the IPC from 1 July 2024 (section 358(1)). The repeal does not reach back: under section 358(2), penalties and punishments incurred for offences committed against the IPC still stand, and proceedings for them may be started, continued and enforced as if the IPC had not been repealed. An act done before 1 July 2024 is therefore dealt with under the IPC section; an act done on or after that date, under the BNS.

Sources

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