Indian Penal Code 1860
Section 212 :
Harbouring offender:
(See section 249 of BNS 2023)
Classification of Offence:
Offence: Harbouring an offender, if the offence be capital.
Punishment :Imprisonment for 5 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
————-
Offence: If punishable with imprisonment for life or with imprisonment for 10 years.
Punishment :Imprisonment for 3 years and fine
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
————-
Offence: If punishable with imprisonment for 1 year and not for 10 years.
Punishment :Imprisonment for a quarter of the longest term and of the description, provided for the offence, or fine or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
————–
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 ;
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.
2.[Offence in this section includes any act committed at any place out of 3.[India], which, if committed in 4.[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 4.[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 4 [imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is also 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)
2. Ins. by Act 3 of 1894, s. 7.
3. The words ‘British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951 s. 3 and the Sch., to read as above.
4. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
