Harbouring offender.
- 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 shall,—
(a) 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;
(b) if the offence is punishable with imprisonment for life, or with imprisonment
which may extend to ten years, be punished with imprisonment of either description
for a term which may extend to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment which may extend to one
year, and not to ten years, 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.
Explanation.––“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, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2),
(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4),
(6), (7) and (8) of section 331, clauses (a) and (b) of section 332 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.
Exception.—This section shall not extend to any case in which the harbour or
concealment is by the spouse 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.