IPC 212 Harbouring offender

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The IPC was enacted in 1860, while the Indian Evidence Act came into effect in 1872 and the CrPC in 1973. The Thomas Babington Macaulay is the father of the IPC. It is Enacted by Imperial Legislative Council.

We talk about the Harbouring offender in this article. Section 212 in The Indian Penal Code it is a central government act.

212. Harbouring offender

Harbouring an offender, If the offence be capital.The punishment for IPC 212 is 5 Years + Fine.IPC 212 is a Cognizable (A cognizable offence is an offence in which the police officer as per the first schedule or under any other law for the time being in force, can arrest the convict without a warrant and can start an investigation without the permission of the court. Cognizable offences are generally heinous or serious in nature such as murder, rape, kidnapping, theft, dowry death etc. The first information report (FIR) is registered only in cognizable crimes.). IPC 212 is tried in the court of Magistrate First Class.

According to section 212 of Indian penal code, 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. In simply we can understand that someone hidding a person who is a offender or a criminal from legal punishment. The person who hide the offender will also be a liable.

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 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.

Offence In this section includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, 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 India.

There are some exceptions in (This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender. Illustration A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.)