What is Section 212 IPC? Harbouring offender
Published on: Lawiz Team
Learn about Section 212 IPC: Harbouring offender
Official Legal Text
Whoever, knowing or having reason to believe that any person has committed an offence punishable with imprisonment for life or with imprisonment, harbours or conceals that person with the intention of screening him from legal punishment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 212 punishes anyone who harbours or helps an offender, knowing that they have committed an offence.
Purpose
To ensure that individuals do not provide refuge or assistance to criminals, thereby obstructing justice.
Bailable or Not Bailable & Punishment
Punishment: Imprisonment up to 3 years, and fine; If the offence is punishable with death, imprisonment for life, or 10 years, imprisonment up to 5 years, and fine.
Key Elements
1. The person must provide shelter, assistance, or concealment to an offender. 2. The person must know or have reason to believe that the individual is an offender. 3. The offence committed must be punishable under the law.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both. If the offence is punishable with death, the imprisonment may extend to seven years.
Legal Defenses
If the person can prove they were unaware of the offender's criminal status.
Judicial Interpretation
Courts focus on whether the person had knowledge of the offence and intentionally provided assistance.
Illustration
If a person provides shelter to a murderer to help them escape arrest, they can be punished under Section 212.
FAQs
What does Section 212 IPC define?
Harbouring offender.
Where is Section 212 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 212 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 212 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 212 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 212 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 212 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.