Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Explanations
- For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.
Exceptions
- This provision does not extend to the case in which the harbour is by the husband or wife of the offender.
IPC Section 216A: Simplified Explanation
IPC Section 216A of the Indian Penal Code deals specifically with harbouring individuals who have committed or are about to commit robbery or dacoity. This section criminalizes any act where a person knowingly provides shelter, support, or assistance to robbers or dacoits with the intention of protecting them from being apprehended or facilitating their criminal activities.
This section aims to curb the activities of robbers and dacoits by making it illegal to offer them any form of protection or aid. Thus, it supports law enforcement in the apprehension and prosecution of such offenders.
Is IPC Section 216A bailable?
No, IPC Section 216A is a non-bailable offence. This means that an individual accused under this section does not have the automatic right to seek bail from the court. The court has the discretion to grant or deny bail based on the case’s specifics and the offence’s severity.
IPC Section 216A punishment
The punishment for an offence under IPC Section 216A is rigorous imprisonment for a term extending to seven years, and the individual shall also be liable to a fine. The stringent punishment reflects the severe nature of the offence and aims to deter individuals from harbouring robbers or dacoits.
Example of IPC Section 216A
Consider a scenario where a group of individuals, led by a person named Vijay, has committed a series of armed robberies in a city. Vijay and his accomplices seek refuge in the house of his friend, Ramesh. Aware of their involvement in the robberies, Ramesh provides them with food, shelter, and assistance to evade the police. Ramesh’s actions of knowingly harbouring robbers make him liable under IPC Section 216A. He can be prosecuted for his role in protecting the robbers from apprehension.
In another instance, imagine a case where a notorious dacoit, Sohan, is planning a large-scale dacoity in a village. Knowing about the plan, Sohan’s relative, Kiran, allows Sohan and his gang to stay at her house to finalize their preparations. Despite being aware of their criminal intentions, Kiran’s act of providing shelter and support to the dacoits constitutes an offence under IPC Section 216A. She can be prosecuted for her involvement in harbouring dacoits.
