PPC Section 216 | Harbouring offender who has escaped from custody or whose apprehension has been ordered:

PPC Section 216

 

PPC Section 216:  Harbouring offender who has escaped from custody or whose apprehension has been ordered:

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, that is to say;

  if a capital offence: 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 punishable with imprisonment for life, or with imprisonment:

 

 

if the offence is punishable with imprisonment which may extend to one year and not to ten years

 

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;

 

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 Pakistan which, if he had been guilty of it in Pakistan 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 Pakistan, 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 Pakistan.

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.

Offence Cognizance Summons/-Warrant Bailable/-NotBailable Punishment Triable By
Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital. May arrest without warrant] Warrant .. Bailable.. Imprisonment of either description for 7 years, and fine. Court of Session, [--] or Magistrate of the first class.
If punishable with [imprisonment for life], or with imprisonment for 10 years. May arrest Without warrant. Warrant .. Bailable Imprisonment of either description for 3 years, with or without fine. Magistrate of the first class.
If with imprisonment for 1 year, and not for 10 years. Shall not arrest without warrant Warrant Bailable Imprisonment for a quarter of the longest term, and of the description, provided for the offence, or fine, or both. Magistrate of the first class, or Court by which the offence is triable.
Offence: Bailable.. --- Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital.
Punishment--- Imprisonment of either description for 7 years, and fine.
Accused POLICE Police Officer
Offence: Bailable --- If punishable with [imprisonment for life], or with imprisonment for 10 years.
Punishment--- Imprisonment of either description for 3 years, with or without fine.
Accused POLICE Police Officer
Offence: Bailable --- If with imprisonment for 1 year, and not for 10 years.
Punishment--- Imprisonment for a quarter of the longest term, and of the description, provided for the offence, or fine, or both.
Accused POLICE Police Officer

Explanation of PPC Section 216

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