Section 216 IPC: Harbouring offender who has escaped from custody or whose apprehension has been ordered

Section 216 IPC Bare Act Text

216. Harbouring offender who has escaped from custody or whose apprehension has been ordered

Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say,—

if a capital offence.—if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.—if the offence is punishable with imprisonment for life, or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he 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 the imprisonment provided for such offence, or with fine, or with both.

“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India, and every such act or omission 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.—The provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.

Source: Section 216, Indian Penal Code, 1860

Section 216 IPC in Simple Words

Ingredients of Section 216 IPC

• A person convicted of or charged with an offence escaped from lawful custody, or a public servant in the exercise of lawful powers ordered a person to be apprehended for an offence
• The accused knew of such escape or order for apprehension
• The accused harboured or concealed that person with the intention of preventing him from being apprehended
• The harbour or concealment was not by the husband or wife of the person to be apprehended

Punishment Under Section 216 IPC

Harbouring an escaped offender or one ordered to be apprehended carries imprisonment for up to seven years and fine for capital offences, up to three years for offences punishable with life or ten years, and up to one-fourth of the maximum term for other offences.

Example of Section 216 IPC

When Section 216 IPC Does Not Apply

• Section 216 IPC does not apply when the person given shelter has neither escaped from lawful custody for an offence nor been ordered to be apprehended for an offence by a public servant acting within lawful authority.
• Section 216 IPC does not apply if the person providing shelter is unaware of the escape from custody or of the public servant's order for apprehension.
• Section 216 IPC does not apply where the accused does not harbour or conceal the person with the intention of preventing his apprehension.
• Section 216 IPC does not apply when the harbouring or concealment is carried out by the husband or wife of the person sought to be apprehended.

Section 216 IPC in the BNS

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Sections Related to Section 216 IPC