Harbouring offender
AI Assist
Summary
Harbouring or concealing someone you know or reasonably believe to be an offender, with the intent to shield them from legal punishment, is an offence. Penalty depends on the original crime: up to five years and fine if it attracts death; up to three years and fine if it attracts life or up to ten years; smaller jail terms or fine for lesser offences. Acts done abroad that would be offences in India are also covered. The rule does not apply if the harbourer is the offender's spouse.
Example
Ravi learns that Arjun committed dacoity and hides him in his warehouse to prevent arrest. Because dacoity can attract life imprisonment, Ravi can be punished with up to three years' imprisonment (simple or rigorous) and a fine.
Bare Act
Enacted textWhenever 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 shall
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(a) 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;
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(b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
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(c) if the offence is punishable with imprisonment which may extend to one year, and not to ten years, 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.
Explanation
“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 97, 99, 172, 173, 174, 175, 301, 304, 305, 306, 320, 325 and 326 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.
Exception: This section shall not extend to any case in which the harbour or concealment is by the spouse of the offender.
Illustration
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.
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