Legal provisions regarding Penalty for harbouring robbers or dacoits under section 216A of Indian Penal Code, 1860.
Penalty for harbouring robbers or dacoits:
“Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating 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 liable to fine.
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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 India.
Exception:-
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This provision does not extend to the case in which the harbour is by the husband or wife of the offender.”
The essential ingredients of Section 216-A are:
(i) The person in question should be about to commit robbery or dacoity or had recently committed robbery or dacoity;
(ii) The accused knew or had ‘reason to believe’ this;
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(iii) The accused did so with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment.
The offence under Section 216-A is cognizable, and warrant should ordinarily issue. It is bailable but not compoundable, and is triable by a Magistrate of the first class.