Section 212 IPC: Harbouring offender
Indian Penal Code, 1860
Section 212 IPC at a Glance
Section 212 IPC deals with harbouring offender. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 249 BNS.
The term follows the offence committed. If punishable with death, imprisonment of either description for up to five years. If punishable with imprisonment for life or up to ten years, imprisonment of either description for up to three years. If punishable with imprisonment from one year up to ten years, imprisonment of the description provided for that offence for up to one-fourth of its longest term.
Section 212 IPC Bare Act Text
212. Harbouring offender
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 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.
“Offence” in this section includes any act committed at any place out of India, which, if committed in 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 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.
IllustrationA, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.
Source: Section 212, Indian Penal Code, 1860
Section 212 IPC in Simple Words
Section 212 of the Indian Penal Code (IPC) punishes harbouring or concealing an offender after an offence has been committed, with the intention of screening that person from legal punishment. The accused must know or have reason to believe that the person is the offender. If the offence committed is punishable with death, the offender is punishable with imprisonment of either description for a term which may extend to five years, and fine.
If the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, the offender is punishable with imprisonment of either description for a term which may extend to three years, and fine. If the offence is punishable with imprisonment for one year and not to ten years, the offender is punishable with imprisonment for a term which may extend to one-fourth of the longest term provided for that offence, or fine, or both. The section does not extend to harbour or concealment by the husband or wife of the offender.
The offence is cognizable and bailable throughout, and is triable by a Magistrate of the first class.
Ingredients of Section 212 IPC
- An offence has been committed
- The accused harboured or concealed a person whom he knew or had reason to believe to be the offender
- The act was done with the intention of screening that person from legal punishment
- The harbouring or concealment was not by the husband or wife of the offender
Punishment Under Section 212 IPC
The term follows the offence committed. If punishable with death, imprisonment of either description for up to five years. If punishable with imprisonment for life or up to ten years, imprisonment of either description for up to three years. If punishable with imprisonment from one year up to ten years, imprisonment of the description provided for that offence for up to one-fourth of its longest term.
Where the offence harboured is capital or punishable with imprisonment for life or up to ten years, the offender is also liable to fine in addition to imprisonment; for lesser offences, the court may award fine alone or with imprisonment. The section fixes no amount.
Harbouring an offender carries imprisonment for up to five years and fine if the offence is capital, up to three years and fine if punishable with life or ten years, and up to one-fourth of the maximum term, or fine, or both for lesser offences.
Example of Section 212 IPC
When Section 212 IPC Does Not Apply
- No underlying offence has actually been committed by the person who is given shelter.
- The person providing shelter does not know and has no reason to believe that the individual is an offender.
- The assistance or shelter is given without any intention to screen the offender from legal punishment.
- The harbouring or concealment of the offender is done by the offender's husband or wife.
Section 212 IPC in the BNS
Section 212 IPC is now covered under Section 249 BNS.
Section 212 IPC is now Section 249 BNS. The section is structured into clause a, clause b and clause c. The exception for the husband or wife of the offender is updated to the spouse of the offender. In the Explanation, references to IPC provisions are updated to the corresponding BNS sections. The punishment terms remain unchanged.
View detailed comparison (IPC 212 vs BNS 249) →FAQs on Section 212 IPC
What does Section 212 IPC provide?▼
It punishes whoever harbours or conceals a person whom he knows or has reason to believe to be an offender, with the intention of screening that person from legal punishment.
Under Section 212 IPC, what is the punishment if the offence committed is capital?▼
Imprisonment of either description for a term which may extend to five years, and liability to fine.
Under Section 212 IPC, what is the punishment if the offence is punishable with life imprisonment or imprisonment for up to ten years?▼
Imprisonment of either description for a term which may extend to three years, and liability to fine.
Under Section 212 IPC, what is the punishment for harbouring an offender in other cases?▼
If the offence is punishable with imprisonment extending to one year and not to ten years, imprisonment for up to one-fourth part of the longest term provided for that offence, or fine, or both.
Is there an exception for family members under Section 212 IPC?▼
Yes. The section does not extend to any case in which the harbour or concealment is by the husband or wife of the offender.
Is an offence under Section 212 IPC cognizable and bailable?▼
It is cognizable and bailable throughout all tiers.
Which court tries an offence under Section 212 IPC?▼
A Magistrate of the first class.
Can an offence under Section 212 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 212 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 249 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·