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].]

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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).

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