IPC Section 216 - Harbouring offender who has escaped from custody or whose appr ehension has been

216. Harbouring offender who has escaped from custody or whose appr ehension has been

ordered.--Whenever any person convicted of a 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 f or life, or with imprisonment .--if t he offence is punishable

with 2[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 offe nce,

or with fine, or with both.

3["Offence" in this section includes also any act or omission of which a person is alleged to have been

guilty out of 4[India], which, i f he had been guilty of it in 3[India], would have been punishable as an

offence, and for which he is, under an y law relating to extradition, 5*** or otherwise , liable to be

apprehended or detained in custody in 3[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 3[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.