Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942), s. 3.
IPC Section 216B: Simplified Explanation
IPC Section 216B of the Indian Penal Code defines the term “harbour” as used in Sections 212, 216, and 216A. This section clarifies what constitutes harbouring an offender, ensuring there is no ambiguity in interpreting these sections.
According to IPC Section 216B, the term “harbour” includes:
- Supplying a person with shelter, food, drink, money, clothes, arms, ammunition, or means of conveyance.
- Assisting a person by any means, whether legal or illegal.
The definition encompasses a wide range of actions that could aid an offender in evading arrest or prosecution.
Is IPC Section 216B bailable?
Section 216B itself does not specify whether it is bailable because it serves as a definitional provision rather than a substantive offence. However, the sections it relates to—Sections 212, 216, and 216A—have their bailability criteria.
IPC Section 216B punishment
Since IPC Section 216B is a definitional section, it does not prescribe punishment. It is used to interpret and apply the provisions of Sections 212, 216, and 216A, which carry their respective punishments.
Example of IPC Section 216B
Consider a scenario in which Rahul has committed a serious crime and is on the run from the police. Rahul’s friend, Manish, provides him with a safe house, food, and money to help him evade the authorities. Manish also disguises Rahul and arranges a vehicle to transport him to a different location.
In this case, Manish’s actions fall under the definition of “harbour” as specified in IPC Section 216B. By providing shelter, food, money, and means of conveyance, Manish is harbouring Rahul. Depending on the specific crime Rahul committed, Manish could be prosecuted for his actions under Sections 212, 216, or 216A.
Another example involves a person, Priya, who assists her brother, Ravi, a known dacoit, by supplying him with ammunition and a place to hide while he plans his next robbery. Priya’s providing arms and shelter to Ravi constitutes harbouring as defined under IPC Section 216B. She could face legal consequences under Section 216A for harbouring a dacoit.
