1 THE PENAL CODE, 1860

(ACT NO. XLV OF 1860).
  [6th October, 1860]
 
 
     
   
 
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
 
  Harbouring offender if a capital offence; if punishable with imprisonment for life, or with imprisonment  
212. 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, and shall also be liable to fine;

and if the offence is punishable with 2[ imprisonment] for life or with imprisonment which may extend to ten years, shall be, punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, 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 imprisonment provided for the offence, or with fine, or with both.

"Offence" in this section includes any act committed at any place out of Bangladesh, which, if committed in Bangladesh, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in Bangladesh.

Exception.This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.

Illustration

A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to 3[ imprisonment] for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.
 
 
 
1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “the Government” and “Taka” were substituted, for the words “Pakistan”, “Central or any Provincial Government” or “Central Government or any Provincial Government” or “Central Government” or “the Provincial Government” or “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

2 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)

3 The word “imprisonment” was substituted, for the word “transportation” by section 16 of the Penal Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985)

 
 

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Ministry of Law, Justice and Parliamentary Affairs