1860: Act XLV.] Indian Penal Cocte. 29?

(Chapter XL—Of False1 Evidence and Offences against
Public Justice.)

if the offence for which the person was in custody or is ordered if a capital
to be apprehended is punishable with death, he shall be punished offence»
with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine ;

if the offence is punishable with transportation for life, orlf punishable
imprisonment for ten years, he shall be punished with imprisonment portation3for
of either description for a term which may extend to three years, Ufe»
with or without fine ;

and 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.

^"Offence" in this section includes also any act or omission of
which a person is alleged to have been guilty out of 2[the States] ,
which, if he had been guilty of it in 2[the States], would have been
punishable as an offence, and for which he is, under any law relating
to extradition, or under the Fugitive Offenders Act, 1881, or otherwise, 4
liable to be apprehended or detained in custody in 2[the States], andc- 69-
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 2[the States].]

Exception.—The provision does not extend to the case in which
the harbour or concealment is by the husband or wife of the person
to be apprehended.

3[216A. Whoever, knowing or having reason to believe that anypenalty or
persons are about to commit or have recently committed robbery or harbouring
.dacoity, harbours them or any of them, with the intention of facilitat- J^^rs or
ing 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 2[the States],

Exception.—This provision does not extend to the case in which
the harbour is by the husband or wife of the offender.]

216B. [Definition of "harbour" in sections 212, 216 and 226A.]
Rep. by the Indian Penal Code (Amendment) Act, 1942 (VIII of 1942),
*. 3.

1 Ins. by the Indian Criminal Law Amendment Act, 1886 (10 of 1886). s. 23.
2Subs, by the A, O. 1950 for "the Provinces" which had been subs, by
:the A. O. 1948 for " British India".

a Tr»s. by the Indian Criminal Law Amendment Act, 1894 (3 of 1894) s. 8.