IPC Section 212: Harbouring offender
Indian Penal Code, 1860 · Chapter 11: False Evidence and Offences against Public Justice
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
Whenever 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,
if a capital offence.—shall, 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;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable with 1[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;
and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, 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 imprisonment provided for the offence, or with fine, or with both.
2[“Offence” in this section includes any act committed at any place out of 3[India], which, if committed in 4[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; 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 4[India].]
Exception.—This provision shall not extend to any case in which the harbour or concealment is by the husband or wife 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 4[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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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 3 of 1894, s. 7.
3. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951 s. 3 and the Sch., to read as above.
4. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 191. Giving false evidence
- 192. Fabricating false evidence
- 193. Punishment for false evidence
- 194. Giving or fabricating false evidence with intent to procure conviction of capital offence
- 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
- 195A. Threatening any person to give false evidence
- 196. Using evidence known to be false
- 197. Issuing or signing false certificate
- 198. Using as true a certificate known to be false
- 199. False statement made in declaration which is by law receivable as evidence
- 200. Using as true such declaration knowing it to be false
- 201. Causing disappearance of evidence of offence, or giving false information to screen offender
- 202. Intentional omission to give information of offence by person bound to inform
- 203. Giving false information respecting an offence committed
- 204. Destruction of document or electronic record to prevent its production as sevidence
- 205. False personation for purpose of act or proceeding in suit or prosecution
- 206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
- 207. Fraudulent claim to property to prevent its seizure as forfeited or in execution
- 208. Fraudulently suffering decree for sum not due
- 209. Dishonestly making false claim in Court
- 210. Fraudulently obtaining decree for sum not due
- 211. False charge of offence made with intent to injure
- 213. Taking gift, etc., to screen an offender from punishment
- 214. Offering gift or restoration of property in consideration of screening offender
- 215. Taking gift to help to recover stolen property, etc
- 216. Harbouring offender who has escaped from custody or whose apprehension has been ordered
- 216A. Penalty for harbouring robbers or dacoits
- 216B. Definition of “harbour” in sections 212, 216 and 216A
- 217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
- 218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
- 219. Public servant in judicial proceeding corruptly making report, etc., contrary to law
- 220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
- 221. Intentional omission to apprehend on the part of public servant bound to apprehend
- 222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
- 223. Escape from confinement or custody negligently suffered by public servant
- 224. Resistance or obstruction by a person to his lawful apprehension
- 225. Resistance or obstruction to lawful apprehension of another person
- 225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
- 225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for
- 226. Unlawful return from transportation
- 227. Violation of condition of remission of punishment
- 228. Intentional insult or interruption to public servant sitting in judicial proceeding
- 228A. Disclosure of identity of the victim of certain offences etc
- 229. Personation of a juror or assessor
- 229A. Failure by person released on bail or bond to appear in Court