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IPC Section 212. Harbouring offender


 
Category of Bare Act Name of the Act Year of Promulgation
Criminal Laws Indian Penal Code 1860
Act Number Enactment Date Chapter Number
45 06.10.1860 11
Chapter Title Sub-Chapter Legislated by
Of False Evidence and Offences Against Public Justice - Parliament of India

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].]

_________________________________________

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).

Offence Description Punishment provided Cognizable/Non-Cognizable

Harbouring an offender, if the offence be capital

If offence charged be punishable with imprisonment for 7 years or upwards.

If offence charged be capital or punishable with imprisonment for life.

Imprisonment for 5 years
and fine. 

Imprisonment for 3 years and fine.

Imprisonment for a quarter of the longest term, and of the descriptions, provided for the offence, or fine, or both.

Cognizable

Ditto 

Ditto

Bailable/Non-Bailable Trial Court Details Compoundable/Non-Compoundable

Bailable

Ditto

Ditto

Magistrate of the first class.

Ditto

Ditto

Non-Compoundable
Compoundable by Whom Concerned Ministry Concerned Department
Non-Compoundable Ministry of Home Affairs Department of Internal Security
 

 
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Related judgement on IPC Section 212. Harbouring offender

Union of India Vs. K.A. Najeeb, 2021 Latest Caselaw 44 SC Anjan Dasgupta Vs. The State of West Bengal & Ors. [NOVEMBER 25, 2016], 2016 Latest Caselaw 841 SC Pawan Kumar @ Monu Mittal Vs. State of Uttar Pradesh & ANR. [March 11, 2015], 2015 Latest Caselaw 185 SC Sudarshan & ANR. Vs. State of Maharashtra [May 23, 2014], 2014 Latest Caselaw 375 SC C.B.I. Vs. Karimullah Osan Khan [March 4, 2014], 2014 Latest Caselaw 154 SC Sushil Sharma Vs. The State of N.C.T. of Delhi [OCTOBER 8, 2013], 2013 Latest Caselaw 720 SC State of Maharashtra Vs. Fazal Rehman Abdul [March 21, 2013], 2013 Latest Caselaw 219 SC Ahmed Shah Khan Durrani @ A.S. Mubarak S Vs. State of Maharashtra [March 21, 2013], 2013 Latest Caselaw 218 SC Ibrahim Musa Chauhan @ Baba Chauhan Vs. State of Maharashtra [March 21, 2013], 2013 Latest Caselaw 216 SC Sidhartha Vashisht @ Manu Sharma Vs. State (Nct of Delhi) [2010] INSC 289 (19 April 2010), 2010 Latest Caselaw 286 SC Mohd.Farooq A.G.Chipa Rangari & ANR. Vs. State of Maharashtra [2009] INSC 1403 (6 August 2009), 2009 Latest Caselaw 649 SC Abdul Waheed Khan @ Waheed & Ors VS. State of Andhra Pradesh [2002] INSC 364 (27 August 2002), 2002 Latest Caselaw 364 SC Jayawant Dattatray Suryarao Vs. Shamkishore Shamsharrma Garikapatti [2001] INSC 594 (5 November 2001), 2001 Latest Caselaw 594 SC Abdul Nazar Madani Vs. Vs [2000] INSC 298 (5 May 2000), 2000 Latest Caselaw 295 SC S. Shanmugadivelu, S. Nalini & Ors Vs. State By D.S.P., Cbi, Sit, Chennai [1999] INSC 202 (11 May 1999), 1999 Latest Caselaw 202 SC T. Suthenthiraraja & Ors Vs. State By D.S.P., Cbi, Sit, Chennai [1999] INSC 201 (11 May 1999), 1999 Latest Caselaw 201 SC State of Tamil Nadu Through Superintendent of Police, Cbi/Si Vs. Nalini & Ors [1999] INSC 200 (11 May 1999), 1999 Latest Caselaw 200 SC State of Maharashtra Vs. Sukhdeo Singh & ANR [1992] Vs. 169 (15 July 1992), 1992 Latest Caselaw 169 SC Rashidmiya @ Chhava Ahmedmiya Shaik Vs. Police Commissioner, Ahmedabad & ANR [1989] INSC 184 (5 May 1989), 1989 Latest Caselaw 184 SC Ajaib Singh Vs. Joginder Singh [1968] INSC 132 (30 April 1968), 1968 Latest Caselaw 132 SC