Legal Provisions of Section 216A of Indian Penal Code, 1860.
Penalty for harbouring robbers or dacoits:
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This section was inserted by the Criminal Law Amendment Act, 1894 and it supplements sections 212 and 216 by providing penalty for harbouring robbers or dacoits. The section says that whoever either has knowledge or has reason to believe that any persons are either about to commit robbery or dacoity or have recently committed robbery of dacoity, and 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 extending up to seven years, and shall also be liable to fine.
There is an explanation attached to this section which clarifies that this section is attracted whether the robbery or dacoity is intended to be committed, or has been committed, within India or without. An exception appended to the section states that this section does not apply to a situation where harbour is by a husband to his wife or vice versa.
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The prosecution has to establish knowledge on the part of the accused under this section or that he had reason to believe that any persons were about to commit or had recently committed robbery or dacoity. The harbour may be of all or any person or persons so involved. The intention on the part of the accused must be either to facilitate commission of robbery or dacoity or to screen them or any of them from punishment.
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The Madras High Court has held that where a person has been acquitted of the charge of robbery or dacoity, the charge against the accused under this section that he had harboured or screened him automatically fails.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by magistrate of the first class.
216-B. [Definition of ‘harbour’ in sections 212, 216 and 216-А]. [Repealed by the Indian Penal Code (Amendment) Act, 1942 (VIII of 1942), S. 3]