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 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 – 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.
Exceptions
- 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.
IPC Section 216: Simplified Explanation
IPC Section 216 of the Indian Penal Code addresses the offence of harbouring an offender who has either escaped from custody or whose apprehension has been ordered by law. This section criminalizes any act where an individual knowingly provides shelter, assistance, or any form of support to such an offender, thereby obstructing justice.
This section aims to ensure that individuals do not aid offenders in evading law enforcement, thereby upholding the integrity of the judicial process.
Is IPC Section 216 bailable?
Yes, IPC Section 216 is a bailable offence. This means that an individual accused under this section has the right to seek bail from the court, and the court is likely to grant bail as per the legal provisions.
IPC Section 216 Punishment
The punishment for an offence under IPC Section 216 varies depending on the severity of the offence associated with the harboured offender:
- Suppose the offence committed by the harboured offender is punishable by death. In that case, the person providing shelter to such an offender is subject to imprisonment for a term extending to seven years and shall also be liable to a fine.
- Suppose the offence committed by the harboured offender is punishable with life imprisonment or imprisonment for ten years or more. In that case, The person providing shelter to such an offender is subject to imprisonment for a term extending to three years and shall also be liable to fine.
- In any other case, The person providing shelter to such an offender is subject to imprisonment for a term which may extend to one-fourth of the longest term of imprisonment provided for the offence, or with fine, or with both.
Example of IPC Section 216
Consider a scenario where an individual, Ravi, has been convicted of a serious crime and is sentenced to life imprisonment. Ravi manages to escape from custody, and his friend, Suresh, knows about Ravi’s escape and conviction, which provides him with shelter and assistance to evade the police. Suresh’s act of harbouring Ravi, who has escaped from lawful custody, falls under the purview of IPC Section 216. Suresh can be prosecuted for his actions under this section, given that he intentionally obstructed Ravi’s apprehension by sheltering him.
In another instance, imagine a case where an individual, Anil, has committed a crime and a warrant has been issued for his arrest. Anil’s acquaintance, Priya, is aware of the warrant and Anil’s criminal background, and he helps him by allowing him to stay in her house to avoid arrest. Priya’s knowingly harbouring Anil, despite being aware of the warrant for his arrest, would constitute an offence under IPC Section 216, making her liable for legal consequences.
