Indian Penal Code, 1860 - Pre-BNS legal position
Section 216A IPC: Penalty for Harbouring Robbers or Dacoits
Section 216A of the Indian Penal Code, 1860 punished a person who knowingly, or having reason to believe, harboured persons about to commit or who had recently committed robbery or dacoity, where the harbouring was intended to facilitate the offence or screen those persons from punishment.
Historical-law scope: This article explains the law applicable under the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 immediately before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended for understanding the pre-BNS legal position and matters governed by the earlier law.
Text and meaning of Section 216A IPC
Section 216A - Penalty for harbouring robbers or dacoits.
Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Explanation. For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India.
Exception. The provision does not extend to a case in which the harbour is by the husband or wife of the offender.
Essential ingredients of the offence
For Section 216A IPC to apply, the prosecution must establish the statutory elements of the offence. The provision is not directed at mere association with an offender; it requires the specified knowledge or reason to believe together with the required intention.
- Persons connected with robbery or dacoity: the persons harboured must be about to commit, or must have recently committed, robbery or dacoity.
- Knowledge or reason to believe: the accused must know, or have reason to believe, the relevant facts concerning those persons.
- Harbouring: the accused must harbour those persons or any of them.
- Specific intention: the harbouring must be intended either to facilitate the commission of the robbery or dacoity or to screen the persons from punishment.
Punishment under Section 216A IPC
The punishment prescribed was rigorous imprisonment for a term which may extend to seven years, and fine.
Classification under the Code of Criminal Procedure, 1973
| Particular | Pre-BNSS classification |
|---|---|
| Offence | Harbouring robbers or dacoits |
| Punishment | Rigorous imprisonment up to 7 years and fine |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Magistrate of the first class |
Explanation: offence within or outside India
The Explanation makes the territorial location of the intended or completed robbery or dacoity immaterial for the purpose of Section 216A. The statutory focus is on the harbouring conduct and the required state of mind described in the section.
Exception for husband or wife
Under the pre-BNS text of Section 216A IPC, the provision expressly did not extend to a case where the harbour was by the husband or wife of the offender. This exception formed part of the section itself.
Difference between Section 216 and Section 216A IPC
Section 216 IPC dealt with harbouring an offender who had escaped from custody or whose apprehension had been ordered. Section 216A was specifically directed at harbouring persons about to commit or who had recently committed robbery or dacoity, with the intention stated in Section 216A.
Related provisions
For surrounding provisions, see Section 212 IPC - Harbouring offender, Section 215 IPC - Taking gift to help recover stolen property, and the Indian Penal Code, 1860 index.
Legislative note
Section 216A was inserted by the Indian Penal Code (Amendment) Act, 1894 (Act 3 of 1894). The expression referring to India reflects later statutory adaptations to the original enactment.
Legal reference: Indian Penal Code, 1860, Section 216A; Code of Criminal Procedure, 1973, First Schedule. For current criminal law, consult the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 separately.