IPC 216 — Harbouring offender who has escaped from custody or whose apprehension has been ordered

Indian Penal Code, 1860

Statutory text

Whenever any person   convicted  of or 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 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 for life, or with imprisonment.
if punishable with imprisonment for life, or  with imprisonment.-
if the offence is  punishable  with  [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 offence or with fine, or with both.
["Offence" in this section includes also  any   act or omission of which a person is alleged to have  been  guilty  out  of [India], which, if he had been guilty of it in  [India],  would   have   been punishable  as an offence, and for which he is, under any law relating to extradition, or otherwise liable to  be  apprehended  or detained in custody in [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 [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.

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