Harbouring offender

What this section does

This section punishes harbouring or concealing a person known or reasonably believed to be an offender, with the intention of screening that person from legal punishment. The punishment is graded according to the severity of the offence committed by the person harboured. The section does not apply where the harbouring is by the spouse of the offender.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

(a) If the offence is punishable with death — imprisonment of either description up to 5 years, and also liable to fine; (b) If punishable with life imprisonment or imprisonment up to 10 years — imprisonment of either description up to 3 years, and also liable to fine; (c) If punishable with imprisonment up to 1 year but not 10 years — imprisonment of the description provided for the offence up to one-fourth of the longest term provided for that offence, or fine, or both.

Triable by

Magistrate of First Class

Cognizable

Depends

Bailable

Depends

Compoundable

No

Ingredients (what prosecution must prove)

1. An offence has been committed
2. The accused harboured or concealed a person
3. The accused knew or had reason to believe that person to be the offender
4. The harbouring or concealment was done with the intention of screening the offender from legal punishment

Derived from IPC s.212.