Section 52A IPC: “Harbour”
Indian Penal Code, 1860
Section 52A IPC at a Glance
Section 52A IPC defines the term “Harbour”. From 1 July 2024 it is replaced by Section 2(13) BNS.
None. Section 52A IPC creates no offence.
Section 52A IPC Bare Act Text
52A. “Harbour”
Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.
Source: Section 52A, Indian Penal Code, 1860
Section 52A IPC in Simple Words
Section 52A of the Indian Penal Code (IPC) defines the word harbour. Harbour includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person by any means, whether of the same kind or not, to evade apprehension.
The definition does not apply in Section 157 IPC, nor in Section 130 IPC where the harbour is given by the wife or husband of the person harboured. The section creates no offence and sets no punishment.
Ingredients of Section 52A IPC
- The word harbour
- Supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance
- Or assisting a person by any means, whether of the same kind or not
- To evade apprehension
- Except in Section 157 IPC, and in Section 130 IPC where the harbour is given by the wife or husband of the person harboured
Punishment Under Section 52A IPC
None. Section 52A IPC creates no offence.
None.
Section 52A IPC is a definition. It has no entry in the First Schedule to the CrPC.
Example of Section 52A IPC
When Section 52A IPC Does Not Apply
- Section 52A IPC does not apply to a prosecution under Section 157 IPC for harbouring persons hired for an unlawful assembly.
- Section 52A IPC does not apply under Section 130 IPC when a wife or husband gives shelter or aid to her or his spouse.
- Providing food, clothes, or other support to a person for ordinary living, with no purpose of helping that person evade apprehension, falls outside Section 52A IPC.
Section 52A IPC in the BNS
Section 52A IPC is now covered under Section 2(13) BNS.
Section 2(13) BNS keeps the definition but drops the opening exception. The IPC excepted Section 157 IPC and the spousal case under Section 130 IPC. The BNS clause begins harbour includes and has no such exception, and it says this clause where the IPC said this section. It is now clause 13 of the definitions section, in place of a section of its own.
View detailed comparison (IPC 52A vs BNS 2(13)) →FAQs on Section 52A IPC
What does harbour mean under Section 52A IPC?▼
It includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance. It also includes assisting a person by any means, whether of the same kind or not, to evade apprehension.
Does Section 52A IPC apply in every section that uses the word harbour?▼
No. It does not apply in Section 157 IPC, and it does not apply in Section 130 IPC where the harbour is given by the wife or husband of the person harboured.
Which IPC section punishes harbouring as defined in Section 52A IPC?▼
Section 212 IPC. It punishes harbouring or concealing a person known or believed to be the offender, with the intention of screening him from legal punishment.
Does Section 52A IPC create an offence?▼
No. It fixes the meaning of a word and sets no punishment. The sections that use the word carry the punishment.
Where is Section 52A IPC in the Bharatiya Nyaya Sanhita?▼
In Section 2(13) BNS, without the opening exception.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·