Section 212 IPC: Harbouring Offender
Section 212 of the Indian Penal Code, 1860 dealt with harbouring or concealing a person known, or reasonably believed, to be an offender after an offence had been committed, where the purpose was to screen that person from legal punishment.
Section 212 IPC - meaning and scope
Where an offence had been committed, Section 212 applied to a person who harboured or concealed someone whom the person knew or had reason to believe to be the offender, with the intention of screening that offender from legal punishment.
The punishment depended on the seriousness of the underlying offence committed by the person being harboured or concealed.
Essential ingredients of Section 212 IPC
- An offence must have been committed.
- The accused must harbour or conceal a person.
- The accused must know or have reason to believe that the person harboured or concealed is the offender.
- The harbouring or concealment must be done with the intention of screening the offender from legal punishment.
Meaning of "harbour"
For IPC provisions concerning harbouring, Section 52A supplied an extended meaning of "harbour". It included supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or assisting a person by specified means or by other means to evade apprehension. The precise statutory context remains important when applying the definition.
Knowledge or reason to believe
Section 212 did not require only actual knowledge. It also used the expression "has reason to believe". The prosecution therefore had to establish the relevant knowledge or reason to believe that the person harboured or concealed was the offender, together with the required intention to screen that person from legal punishment.
Punishment under Section 212 IPC
| Underlying offence | Punishment for harbouring or concealing |
|---|---|
| Offence punishable with death | Imprisonment of either description up to five years, and liability to fine. |
| Offence punishable with imprisonment for life, or imprisonment which may extend to ten years | Imprisonment of either description up to three years, and liability to fine. |
| Offence punishable with imprisonment which may extend to one year and not to ten years | Imprisonment of the description provided for the underlying offence for a term up to one-fourth of the longest term provided for that offence, or fine, or both. |
Extended meaning of "offence" for Section 212
For this section, the source text records a special extension covering specified acts committed outside India which, if committed in India, would be punishable under IPC Sections 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460. Such acts were treated, for Section 212, as punishable as if committed in India.
Exception for husband or wife
Exception: Section 212 expressly provided that it did not extend to a case in which the harbouring or concealment was by the husband or wife of the offender.
Illustration under Section 212 IPC
A knows that B has committed dacoity and knowingly conceals B in order to screen B from legal punishment. Because B is liable to imprisonment for life, the statutory illustration states that A is liable to imprisonment of either description for a term not exceeding three years and is also liable to fine.
Legislative notes retained from the source
The source records that "imprisonment for life" was substituted for the former expression "transportation for life" by Act 26 of 1955, section 117 and the Schedule, with effect from 1 January 1956. It also records that the special extension concerning offences committed outside India was inserted by Act 3 of 1894, section 7, and notes the historical substitutions that replaced the expression "British India" with "India".
Section 212 and related harbouring provisions
Section 212 dealt generally with harbouring or concealing an offender after an offence had been committed, with intent to screen the offender from legal punishment. Section 216 IPC addressed harbouring an offender who had escaped from custody or whose apprehension had been ordered, while Section 216A IPC dealt specifically with harbouring robbers or dacoits.
Practical summary
Section 212 IPC focused on deliberate assistance given after an offence had been committed. Liability depended on harbouring or concealing the offender, the required knowledge or reason to believe, and an intention to screen the offender from legal punishment. The severity of punishment was linked to the punishment prescribed for the underlying offence.