Section 216A IPC: Penalty for harbouring robbers or dacoits

Indian Penal Code, 1860

Section 216A IPC at a Glance

Section 216A IPC deals with penalty for harbouring robbers or dacoits. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 254 BNS.

Punishment

Rigorous imprisonment for a term which may extend to seven years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 254 →

Section 216A IPC Bare Act Text

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.

Source: Section 216A, Indian Penal Code, 1860

Section 216A IPC in Simple Words

Section 216A of the Indian Penal Code (IPC) punishes a person who, 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. The harbouring must be done with the intention of facilitating the commission of the robbery or dacoity, or of screening them or any of them from punishment.

The punishment is rigorous imprisonment for up to seven years, and fine. The statutory Explanation makes it immaterial whether the robbery or dacoity was intended or committed within or outside India.

Harbouring by the husband or wife of the offender is expressly excepted. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.

Ingredients of Section 216A IPC

  • The accused knew or had reason to believe that certain persons were about to commit or had recently committed robbery or dacoity
  • The accused harboured those persons or any of them
  • The accused acted with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment
  • The harbour was not by the husband or wife of the offender

Punishment Under Section 216A IPC

Imprisonment

Rigorous imprisonment for a term which may extend to seven years.

Fine

The offender is also liable to fine in addition to mandatory rigorous imprisonment.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Harbouring robbers or dacoits with intent to facilitate the crime or screen them from punishment carries rigorous imprisonment for up to seven years and fine.

Example of Section 216A IPC

In 2017 in Dhanbad, a gang of six dacoits planned to commit dacoity at a coal depot. Knowing that the gang was about to commit dacoity, Keshav harboured all six men in his guesthouse overnight and provided them with shelter and provisions with the intention of facilitating the commission of the dacoity. Keshav was not the husband or wife of any member of the gang. Because Keshav harboured persons he knew were about to commit dacoity in order to facilitate the crime, Keshav is punishable under Section 216A IPC.

When Section 216A IPC Does Not Apply

  • Section 216A IPC does not apply when the person giving shelter neither knows nor has reason to believe that the individuals are about to commit or have recently committed robbery or dacoity.
  • Section 216A IPC does not apply if the harbouring is done without any intention to facilitate the commission of robbery or dacoity or to screen the offenders from punishment.
  • Section 216A IPC does not apply where the harbouring is done by the husband or wife of the robber or dacoit.

Section 216A IPC in the BNS

Section 216A IPC is now covered under Section 254 BNS.

Section 216A IPC is now Section 254 BNS. The BNS retains the statutory definition, explanation and punishment, while replacing the words husband or wife in the exception with spouse.

View detailed comparison (IPC 216A vs BNS 254) →

FAQs on Section 216A IPC

What does Section 216A IPC punish?▼

It punishes harbouring persons, knowing or having reason to believe them to be about to commit or to have recently committed robbery or dacoity, with intent to facilitate the crime or screen them from punishment.

What is the punishment under Section 216A IPC?▼

Rigorous imprisonment for a term which may extend to seven years, and liability to fine.

Does Section 216A IPC apply if the robbery was committed outside India?▼

Yes. The statutory Explanation clarifies that the place where the robbery or dacoity was planned or committed does not affect liability, whether inside or outside India.

Who is exempt from punishment under Section 216A IPC?▼

The husband or wife of the offender is exempt under the statutory exception.

Is an offence under Section 216A IPC bailable and cognizable?▼

It is cognizable and bailable.

Which court tries an offence under Section 216A IPC?▼

A Magistrate of the first class.

Can an offence under Section 216A IPC be compounded?▼

No. Section 216A IPC is not compoundable under Section 320 CrPC.

Where is Section 216A IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 254 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·