Harbouring offender who has escaped from custody or whose apprehension has been ordered

What this section does

Punishes anyone who, knowing that a person has escaped from lawful custody or has been ordered to be apprehended, harbours or conceals that person with the intent to prevent apprehension. Punishment is graded by the severity of the underlying offence. The section expressly extends to acts committed outside India that would be extraditable offences, and exempts a spouse from liability.

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

Quick reference

Punishment

(a) Underlying offence punishable with death: imprisonment of either description up to 7 years and fine; (b) Punishable with imprisonment for life or 10 years: imprisonment of either description up to 3 years, with or without fine; (c) Punishable with imprisonment up to 1 year but not 10 years: imprisonment up to one-fourth of the longest term 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. A person was either in lawful custody for an offence and escaped, or a public servant lawfully ordered that person's apprehension
2. Accused had knowledge of the escape or the order for apprehension
3. Accused harboured or concealed that person
4. Accused acted with the intention of preventing the person from being apprehended
5. The person harbouring is not the spouse of the person to be apprehended

Derived from IPC s.216.