Indian Penal Code,1860
Act No : 45
Section :
Harbouring offender who has escaped from custody or whose apprehensionhas been ordered-if a capital offence; if punishable withimprisonment for life, or with imprisonment.if a capital offence;if punishable with imprisonment for life, or
216. Harbouring offender who has escaped from custody or whoseapprehension has been ordered.--Whenever any person convicted of orcharged with an offence, being in lawful custody for that offence,escapes from such custody, or whenever a public servant, in the exercise of the lawfulpowers of such public servant, orders a certain person to beapprehended for an offence, whoever, knowing of such escape or orderfor apprehension, harbours or conceals that person with the intentionof preventing him from being apprehended, shall be punished in themanner following, that is to say, if a capital offence;--if the offence for which the person was incustody or is ordered to be apprehended is punishable with death, heshall be punished with imprisonment of either description for a termwhich 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 3*[imprisonment for life] orimprisonment for ten years, he shall be punished with imprisonment ofeither description for a term which may extend to three years, with orwithout fine; and if the offence is punishable with imprisonment which mayextend to one year and not to ten years, he shall be punished withimprisonment of the description provided for the offence for a termwhich may extend to one-fourth part of the longest term of theimprisonment provided for such offence or with fine, or with both. 4*["Offence" in this section includes also any act or omissionof which a person is alleged to have been guilty out of 5*[India],which, if he had been guilty of it in 5*[India], would have beenpunishable as an offence, and for which he is, under any law relatingto extradition, 6*or otherwise liable to be apprehended or detainedin custody in 5*[India], and every such act or omission shall, forthe purposes of this section, be deemed to be punishable as if theaccused person had been guilty of it in 5*[India].] Exception.-The provision does not extend to the case in whichthe harbour or concealment is by the husband or wife of the person tobe apprehended.
