Harbouring offender who has escaped from custody or whose apprehension has been ordered.
- Whenever any person convicted of or charged with an offence, being in lawful
custody for that offence, escapes from such custody, or whenever a public servant, in the
exercise of the lawful powers of such public servant, orders a certain person to be
apprehended for an offence, whoever, knowing of such escape or order for apprehension,
harbours or conceals that person with the intention of preventing him from being
apprehended, shall be punished in the manner following, namely:––
(a) if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be
liable to fine;
(b) if the offence is punishable with imprisonment for life or imprisonment for
ten years, he shall be punished with imprisonment of either description for a term
which may extend to three years, with or without fine;
(c) if the offence is punishable with imprisonment which may extend to one
year and not to ten years, he 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 the imprisonment provided for such offence, or with fine, or with
both.
Explanation.––“Offence” in this section includes also any act or omission of which
a person is alleged to have been guilty out of India, which, if he had been guilty of it in
India, would have been punishable as an offence, and for which he is, under any law
relating to extradition, or otherwise, liable to be apprehended or detained in custody in
India, and every such act or omission shall, for the purposes of this section, be deemed to
be punishable as if the accused person had been guilty of it in India.
Exception.—The provisions of this section do not extend to the case in which the
harbour or concealment is by the spouse of the person to be apprehended.