Code
Whenever any person convicted of or charged with an offence, being in lawful custody for
that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful
powers of such public servant, orders a certain person to be apprehended for an offence, whoever,
knowing of such escape or order for apprehension, harbours or conceals that person with the intention of
preventing him from being apprehended, shall be punished in the manner following, namely:—(a) if the offence for which the person was in custody or is ordered to be apprehended is
punishable with death, he shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine;(b) if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall
be punished with imprisonment of either description for a term which may extend to three years, with
or without fine;(c) if the offence is punishable with imprisonment which may extend to one year and not to ten
years, he shall be punished with imprisonment of the description provided for the offence for a term
which may extend to one-fourth part of the longest term of the imprisonment provided for such
offence, or with fine, or with both.Explanation.—”Offence” in this section includes also any act or omission of which a person is
alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been
punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to
be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of
this section, be deemed to be punishable as if the accused person had been guilty of it in India.Exception.—The provisions of this section do not extend to the case in which the harbour or
concealment is by the spouse of the person to be apprehended.
