What do you mean by Harbour? In what cases is harbouring made an offence under the Indian Penal Code?

Question: What do you mean by Harbour? In what cases is harbouring made an offence under the Indian Penal Code? [HRJS. 2003]

Find the answer to the mains question of IPC only on Legal Bites. [What do you mean by Harbour? In what cases is harbouring made an offence under the Indian Penal Code?]

Answer

The word ‘harbour’ includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance or assisting a person in any way to evade apprehension. The provision regarding Harbouring offenders is mentioned under section 212 of the Indian Penal Code, 1860. The provision states that:

“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."

The essential ingredients of Section 212 are:

1. An offence was committed;
2. The accused harboured or concealed some person;
3. The person so harboured or concealed had committed the offence;
4. The accused then knew, or had reason to believe that the person harboured or concealed was the offender;
5. In harbouring or concealing him, the accused intended to screen him from legal punishment;
6. As an aggravating circumstance, the accused knew that the offence committed by the person so harboured or concealed was punishable with: (a) death; or (b) imprisonment for life, or imprisonment which may extend to ten years.

It is to be noted that mere knowledge of the whereabouts of the offender does not amount to harbouring him unless the alleged harbourer is guilty of providing the person with food, shelter, etc. An offence under Section 212 presupposes that some other offence has been committed by another person whom the accused harbours or conceals with the intention of screening the other person from legal punishment. The harbouring of the person must be done with the intention of screening the person from legal punishment.

The exception to Section 212 provides that this section shall not extend to any case in which the harbouring or the concealment is done by the husband or wife of the offender.

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