BACK TO SECTIONSAIR 1960 Bom 97
BailableCognizable: CognizableMagistrate First Class
THE STATUTE
Original Text
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, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years...
Simplified
Section 212 penalises providing shelter, food, transport, money, or any assistance to a criminal to help them evade the police or courts. The punishment scales with the gravity of the underlying offence — helping conceal a murderer (capital offence) carries up to 5 years. The IPC traditionally exempted spouses from this section — 'husband or wife' of the offender — reflecting the marital bond's special character. Other relatives (parents, siblings) are not exempt. The BNS preserves the spousal exemption. Modern applications include: hiding wanted criminals in private residences, providing fake identities, facilitating border crossings for fugitives, and supplying safe houses to terror suspects.
Legal Evolution
The spouse exception reflects both practical reality (forcing spouses to betray each other would be deeply invasive) and legal tradition — many jurisdictions grant spousal testimony privilege.
Landmark Precedents
Amrutlal v. State (1960)
RELEVANCE
Harbouring under Section 212 includes providing shelter, food, money, or any assistance to help an offender evade law — the intention to screen is the key element.
Practical Scenarios
"Hiding a person who has committed a robbery in your attic while police search for them — Section 212."
"Providing transport and cash to a criminal to help them cross the state border — Section 212."
"Giving a fugitive a fake identity and job to shield them — Section 212."
Common Queries
In the IPC, only the 'husband or wife' of the offender is explicitly exempt. Parents, siblings, and other relatives are not legally exempt — knowingly harbouring a fugitive family member (other than spouse) is an offence.
Yes — 'harbouring' includes providing shelter, food, drink, money, clothes, arms, ammunition, or means of transport to help a criminal evade law.