Harbouring offender who has escaped from custody or whose apprehension has been ordered
AI Assist
Summary
If someone knows a person has escaped lawful custody or that a public servant has ordered their arrest, and knowingly harbours or hides that person to prevent apprehension, they commit an offence. Punishment depends on the seriousness of the original offence: up to seven years where that offence is punishable with death, up to three years for more serious offences, or a shorter term (and/or fine) for lesser offences. The husband or wife of the person sheltered is excluded from this punishment.
Example
Priya hides her neighbour Aditya in her flat after learning he escaped from police custody in an alleged assault case. Because she knew of the escape and intended to prevent his arrest, she can be prosecuted and punished under this law; the exact sentence will depend on how serious Aditya's alleged offence is.
Bare Act
Enacted textWhenever 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
(1) 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.
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