Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment,
if a capital offence – shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which 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 imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, 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 imprisonment provided for the offence, or with fine, or with both.
“Offence” in this section includes any act committed at any place out of India, which, if committed in India, would be punishable 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 this section, be deemed to be punishable as if the accused person had been guilty of it in India.
Exceptions
- This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.
Illustrations
- A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.
IPC Section 212: Simplified Explanation
IPC Section 212 addresses the act of harbouring an offender. This section is applicable when a person knowingly harbors or assists someone who has committed an offence, with the intention of shielding them from legal consequences. ”Harboring” refers to providing shelter, food, money, or any other aid to the offender. The key aspect is that the person providing the assistance must be aware that the individual they are helping has committed an offence.
Key Elements:
- The person being harboured must have committed an offence.
- The person harbouring must know that the individual has committed an offence.
- The harbouring must be done intentionally to shield the offender from legal consequences.
Is IPC Section 212 Bailable?
The bailability of IPC Section 212 depends on the nature of the offence committed by the person being harboured:
- If the offence committed is punishable by death, imprisonment for life, or imprisonment for ten years or more, it is a non-bailable offence.
- Other offences are bailable offences.
IPC Section 212 Punishment
The punishment for an offence under IPC Section 212 varies based on the nature of the offence committed by the person being harboured:
- If the offence committed by the harboured person is punishable with death, imprisonment for life, or imprisonment for ten years or more, the punishment is imprisonment of either description for a term that may extend to five years and a fine.
- In other cases, the punishment is imprisonment of either description for a term which may extend to three years, or with a fine, or with both.
Example of IPC Section 212
Consider a scenario where Mr A has committed a robbery and is on the run from the police. Mr B, a friend of Mr A, knows about the robbery and the police pursuit but decides to hide Mr A in his house, providing him with food and money to help him evade capture. Mr B’s actions are intended to shield Mr A from legal consequences. In this case, Mr B can be prosecuted under IPC Section 212 for harbouring an offender, as he intentionally provided assistance to Mr A, knowing about the committed offence.
