Bailabel Type : non-bailable

Description

Section 216 IPC: Harbouring an Offender Who Has Escaped from Custody, or Whose Apprehension Has Been Ordered

Text of Section 216 IPC:

"Whoever harbours an offender who has escaped from custody, or whose apprehension has been ordered, shall be punished in the following manner:

1. If the offense is capital (punishable by death): Punished with imprisonment for life or imprisonment for a term which may extend to seven years, and also liable to fine.

2. If the offense is punishable with imprisonment for life or with imprisonment for 10 years: Punished with imprisonment for a term which may extend to three years, and also liable to fine.

3. If the offense is punishable with imprisonment for 1 year and not for 10 years: Punished with imprisonment for a term not exceeding one-fourth of the term of imprisonment for the offense committed by the person who was harboured, or with fine, or both."

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Detailed Explanation of Section 216 IPC:

Section 216 IPC addresses the offense of harbouring an offender who has either escaped from lawful custody or for whom the authorities have issued an order for apprehension. The provision is designed to deter individuals from assisting criminals who are trying to evade arrest or escape custody.

Key Elements of the Offense:

1. Harbouring an Offender:

   • Harbouring means to shelter, support, or give refuge to someone who has escaped from custody or whose arrest is imminent due to an order of apprehension.

2. Escaped from Custody:

   • If an offender has escaped from a police lock-up, jail, or custody, the person who helps them evade authorities by providing shelter or assistance becomes an accomplice and is punishable under this section.

3. Apprehension Ordered:

   • If the authorities (police or court) have issued an order for the apprehension (arrest) of a person, anyone who helps the criminal avoid this arrest by concealing them or providing refuge is committing an offense.

Punishment

Punishment Based on the Severity of the Offense:

The punishment varies based on the severity of the original offense committed by the person who is being harbored. Here's how the punishment works:

1. Capital Offense (Death Penalty):

   • Punishment: Imprisonment for life or up to 7 years of imprisonment and fine. This applies when the person being harbored has committed a crime that is punishable by death (capital offense).

2. Imprisonment for Life or 10 Years:

   • Punishment: The punishment for harboring an offender who has committed an offense punishable by life imprisonment or up to 10 years of imprisonment is imprisonment for up to 3 years and fine.

3. Imprisonment for 1 Year to 10 Years:

   • Punishment: If the person being harbored has committed a less severe offense, punishable by 1 year or more but less than 10 years of imprisonment, the punishment for harboring them is:
     • Imprisonment for up to one-fourth of the original sentence of the crime committed by the offender being harbored, or
     • Fine, or
     • Both imprisonment and fine, depending on the court's decision.