Section 216 IPC: Harbouring Offender Who Escaped From Custody or Whose Apprehension Was Ordered
Section 216 of the Indian Penal Code, 1860 dealt with knowingly harbouring or concealing a person who had escaped from lawful custody, or whose apprehension had lawfully been ordered, with the intention of preventing that person's apprehension.
Meaning and scope of Section 216 IPC
The section applied in either of two situations: first, where a person convicted of or charged with an offence escaped from lawful custody for that offence; and second, where a public servant, exercising lawful powers, ordered a particular person to be apprehended for an offence.
Liability of the person giving shelter or concealment depended on knowledge of the escape or apprehension order and an intention to prevent the wanted person from being apprehended. Mere association with, or presence near, such a person did not by itself reproduce the mental elements stated in Section 216.
Essential ingredients
- A person must have been convicted of or charged with an offence and escaped from lawful custody, or a public servant must have lawfully ordered that person's apprehension for an offence.
- The accused under Section 216 must know of the escape or of the order for apprehension.
- The accused must harbour or conceal the person.
- The harbouring or concealment must be done with the intention of preventing that person from being apprehended.
Text and punishment under Section 216 IPC
Section 216 provided different punishments according to the seriousness of the offence for which the person had been in custody or had been ordered to be apprehended.
| Underlying offence | Punishment for harbouring or concealing under Section 216 |
|---|---|
| Punishable with death | Imprisonment of either description for a term up to seven years, and fine. |
| Punishable with imprisonment for life or imprisonment for ten years | Imprisonment of either description for a term up to three years, with or without fine. |
| Punishable with imprisonment extending 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 its longest prescribed term, or fine, or both. |
Explanation: meaning of offence for Section 216
The statutory explanation extended the word "offence" to an act or omission alleged to have occurred outside India where the act or omission would have been punishable as an offence if committed in India and the person was liable, under extradition law or otherwise, to be apprehended or detained in custody in India. For Section 216, such an act or omission was treated as punishable as though it had occurred in India.
Exception for husband or wife
The IPC provision expressly stated that Section 216 did not extend to harbouring or concealment by the husband or wife of the person to be apprehended. This was a statutory exception to the IPC-era offence.
What must be proved under Section 216 IPC?
The provision was not framed as a general offence of helping any accused person. Its focus was narrower: an escape from lawful custody or a lawful apprehension order, knowledge of that circumstance, actual harbouring or concealment, and the specific intention of preventing apprehension. The punishment then depended on the punishment prescribed for the underlying offence.
Related IPC provisions
Section 216 should be distinguished from Section 212 IPC on harbouring an offender and from Section 216A IPC on harbouring robbers or dacoits. Each provision had its own statutory ingredients and context.
This page describes the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. For a particular case, the applicable law depends on the relevant facts and date of the alleged conduct.