What is Section 216 IPC? Harbouring offender who has escaped from custody
Published on: Lawiz Team
Learn about Section 216 IPC: Harbouring offender who has escaped from custody
Official Legal Text
Whoever, knowing or having reason to believe that any person is an offender, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished according to the nature of the offence committed by the offender.
What This IPC Section Means – Explained in Simple Words
Section 216 punishes anyone who harbours an offender who has escaped from lawful custody or whose arrest has been ordered.
Purpose
To prevent individuals from protecting fugitives from the law.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: Not Applicable (This section provides the definition of 'harbour').
Key Elements
1. The person must provide shelter, assistance, or concealment. 2. The offender must be a fugitive from lawful custody or have an arrest warrant. 3. The person must know or have reason to believe that the individual is an offender.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Legal Defenses
If the person can prove they were unaware of the offender's status or acted under coercion.
Judicial Interpretation
Courts focus on the intention to protect the fugitive and knowledge of their criminal status.
Illustration
If a person hides a criminal who has escaped from police custody, they can be punished under Section 216.
FAQs
What does Section 216 IPC define?
Harbouring offender who has escaped from custody or whose apprehension has been ordered.
Where is Section 216 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 216 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 216 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 216 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 216 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 216 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.