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Indian Penal Code,1860

Act No : 45


Section : Harbouring offender-if a capital offence, if punishable withimprisonment for life, or with imprisonment.if a capital offence;if punishable with imprisonment for life, or with imprisonment.

212. Harbouring offender.--Whenever an offence has beencommitted, whoever harbours or conceals a person whom he knows or hasreason to believe to be the offender, with the intention of screeninghim from legal punishment, if a capital offence;--shall, if the offence is punishable withdeath, be punished with imprisonment of either description for a termwhich 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 1*[imprisonment for life], orwith imprisonment which may extend to ten years, shall be punishedwith imprisonment of either description for a term which may extend tothree years, and shall also be liable to fine; and if the offence is punishable with imprisonment which mayextend to one year, and not to ten years, shall be punished withimprisonment of the description provided for the offence for a termwhich may extend to one-fourth part of the longest term ofimprisonment provided for the offence, or with fine, or with both.----------------------------------------------------------------------1. Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for life".----------------------------------------------------------------------148 1*["Offence" in this section includes any act committed at anyplace out of 2*[India], which, if committed in 2*[India], would bepunishable 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 thissection, be deemed to be punishable as if the accused person had beenguilty of it in 2*[India].] Exception.-This provision shall not extend to any case in whichthe harbour or concealment is by the husband or wife of the offender. Illustration A, knowing that B has committed dacoity, knowingly conceals B inorder to screen him from legal punishment. Here, as B is liable to3*[imprisonment for life], A is liable to imprisonment of eitherdescription for a term not exceeding three years, and is also liableto fine.