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 who has escaped from custody or whose apprehension has been ordered- if a capital offence; if punishable with imprisonment for life, or with imprisonment  
Taking gift to help to recover stolen property, etc.



216. Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, Harbouring offender who has escaped from custody or whose apprehension has been ordered

or whenever a public servant, in the exercise of the lawful power 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, that is to say,

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; if a capital offence;



if the offence is punishable with 2[ 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; if punishable with imprisonment for life, or with imprisonment



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 Bangladesh which, if he had been guilty of it in Bangladesh, 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, liable to be apprehended or detained in custody in Bangladesh, and every such act or omission shall, for the purpose of this section, be deemed to be punishable as if the accused person had been guilty of it in Bangladesh.

Exception.–This 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.
 
 
 
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)

 
 

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Ministry of Law, Justice and Parliamentary Affairs