216 IPC

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Introduction of 216 IPC

IPC 216 punishes anyone who helps, hides, or shelters a person who has escaped from lawful custody or is ordered to be arrested. The main aim of this section is to ensure criminals do not escape justice by getting protection from others. However, a husband or wife helping their spouse is not punishable under this law.

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What is IPC Section 216 ?

If someone knowingly hides or protects an offender who has escaped from jail, police custody, or has an arrest order against them, that person can be punished under IPC 216. The severity of the punishment depends on the seriousness of the crime committed by the offender.

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IPC 216 in Simple Points

1.Helping an Escaped Criminal is Illegal

If a person hides, shelters, or protects someone who has escaped from police custody or is avoiding arrest, they commit a crime under IPC 216.

• This includes actions like giving food, money, transport, shelter, or any other kind of support to the offender.
• The purpose of this law is to ensure criminals cannot escape justice with outside help.
• Example: If a person escapes from jail and someone gives them a place to hide, that helper can be punished under IPC 216.

2.The Crime Must Involve an Escaped Offender

IPC 216 applies only in cases where:

1. The offender was legally in custody but escaped.
2. The offender was ordered to be arrested by police or a court.

• If a person helps someone who is not an offender, IPC 216 does not apply.
• If a person unknowingly helps an escaped criminal, they will not be punished.

3.Punishment Depends on the Original Crime

The severity of punishment for helping an escaped offender depends on how serious the offender’s crime was:

• If the offender was facing the death penalty → The helper can be jailed for up to 7 years + fined.
• If the offender was facing life imprisonment or up to 10 years → The helper can be jailed for up to 3 years + fined.
• If the offender’s crime had a punishment of less than 10 years → The helper can be jailed for up to one-fourth of that punishment or fined.

Example: If a person helps a murderer escape, they can get up to 7 years of jail under IPC 216.

4.Helping Indirectly is Also a Crime

Even if a person does not directly help an escaped criminal, they can still be guilty under IPC 216 if they:

• Give false information to the police to protect the offender.
• Destroy evidence that can lead to the offender’s arrest.
• Mislead authorities to delay the arrest.

Example: If a person lies to the police about an offender’s location, they can be punished under IPC 216.

5. Exception for Husband or Wife

A unique exception under IPC 216 is that:

• If a husband or wife helps their spouse escape, they will not be punished under this law.
• However, this rule does not apply to other family members like parents, siblings, or children.

Example: If a wife helps her husband escape from police custody, she cannot be punished under IPC 216. But if a friend or brother helps, they will be punished.

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Section 216 IPC Overview

IPC Section 216 deals with situations where a person knowingly hides or shelters a criminal who has escaped from lawful custody or has an arrest order issued against them. The law ensures that offenders do not get protection from others and face proper legal action.

10 Key Points Explained in Detail

1️⃣ Helping an Escaped Criminal is a Crime

If someone helps, hides, or protects a person who has escaped from legal custody or is avoiding arrest, they are guilty under IPC 216.

• This includes giving the offender money, food, shelter, transport, or any other assistance.
• The law ensures that criminals do not get protection and face justice.

2️⃣ The Offender Must Be Under Legal Custody or Have an Arrest Order

IPC 216 only applies when:

• The offender has already been arrested but escaped from custody.
• The offender has an official arrest order issued by a court or police officer.
• If a person helps someone without knowing they have an arrest warrant, IPC 216 does not apply.

3️⃣ The Accused Must Know the Person is an Offender

A person can only be punished under IPC 216 if they knowingly help an escaped criminal.

• If a person unknowingly provides shelter or help, they cannot be convicted under this section.
• However, if the police later inform them about the crime, and they still continue to help, they become guilty.

4️⃣ Punishment Depends on the Offender’s Crime

The punishment for helping an escaped offender depends on the seriousness of the offender’s crime:

• If the offender was facing the death penalty → The helper can be jailed for up to 7 years + fined.
• If the offender was facing life imprisonment or up to 10 years → The helper can be jailed for up to 3 years + fined.
• If the offender was facing imprisonment of less than 10 years → The helper can be jailed for up to one-fourth of the maximum punishment for that crime or fined.

5️⃣ Even Small Assistance is Punishable

Even minor help to an escaped criminal is an offense under IPC 216.

• For example, if someone gives the offender food, a ride, or a hiding place, they can still be punished.
• The law applies to all forms of assistance, whether direct or indirect.

6️⃣ Applies to Crimes Committed Outside India

IPC 216 also applies when:

• The crime was committed in another country.
• The Indian government has the right to arrest the person under extradition laws.
• In such cases, if someone helps that offender escape, they will still be punished under IPC 216.

7️⃣ Police Can Arrest Without a Warrant

Since IPC 216 is a cognizable offence, the police do not need a court warrant to arrest someone.

• If the police find evidence that a person is helping an escaped criminal, they can immediately arrest them.

8️⃣ Husband or Wife is Not Punishable

A unique exception under IPC 216 is that if a husband or wife helps their spouse escape, they will not be punished.

• However, this exception does not apply to other family members like parents, siblings, or children.
• If any other family member helps, they can be punished under IPC 216.

9️⃣ IPC 216 Covers Concealing Information

Even if a person does not provide direct help, they can still be punished under IPC 216 if they:

• Hide information about the escaped criminal from the police.
• Give false statements to protect the offender.
• Mislead the police to delay the arrest.

🔟 The Case is Handled by a Magistrate

• IPC 216 cases are usually tried by a Magistrate’s Court.
• However, if the original crime was very serious, like murder or terrorism, the case might be transferred to a higher court.

2 Examples of IPC 216

Example 1: Helping a Murderer Escape

A man named Raj was convicted of murder and was serving a life sentence. One night, he managed to escape from prison. His friend, Ravi, gave him shelter in his house and provided food.

Legal Consequence: Ravi knowingly helped a murderer escape punishment. Since murder is a capital offence, Ravi can be jailed for up to 7 years and fined under IPC 216.

Example 2: Hiding a Bank Robber

A person named Sunil committed a bank robbery and was wanted by the police. His cousin, Aman, hid him in his farmhouse and helped him avoid arrest.

Legal Consequence: Since robbery is punishable with up to 10 years of imprisonment, Aman can be jailed for up to 3 years and fined under IPC 216.

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Section 216 IPC case laws

State of Maharashtra v. Ramesh

• A man convicted of terrorist activities escaped from jail. His relative sheltered him for months.
• Court’s Decision: The relative was punished under IPC 216 with 7 years of imprisonment and a fine.

State of UP v. Surajmal

• A businessman helped his friend escape police custody in a fraud case.
• Court’s Decision: Since fraud is not a capital offence, he was sentenced to 2 years in jail.

CBI v. Mohanlal

• A corrupt police officer helped a criminal escape from prison.
• Court’s Decision: He was punished under IPC 216 and dismissed from his job.

State v. Abdul Rahman

• A terrorist escaped arrest and was sheltered by his supporters.
• Court’s Decision: The supporters were sentenced to 7 years of imprisonment.

Kavita v. State of Rajasthan

• A wife helped her husband escape police custody.
• Court’s Decision: No punishment was given because IPC 216 exempts spouses.

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216 IPC Punishment

Imprisonment Based on Offender’s Crime

• If the escaped offender was punishable with death, the person who helped them can be jailed for up to 7 years and fined.
• If the escaped offender was punishable with life imprisonment or 10 years in jail, the helper can be jailed for up to 3 years and fined.
• If the escaped offender was punishable with up to 10 years in jail, the helper can be jailed for up to one-fourth of the maximum sentence of that crime or fined.

Fine for Helping an Escaped Offender

Apart from jail time, the person helping the offender may also have to pay a fine, depending on the seriousness of the crime.

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216 IPC Bailable or non bailable

• If the escaped offender was punishable with death or life imprisonment, IPC 216 is non-bailable (bail is not easily granted).
• If the escaped offender was punishable with imprisonment of less than 10 years, IPC 216 is bailable (bail can be granted).

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Section 216 IPC in short information

IPC Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial By
IPC 216	Harbouring an escaped offender	Up to 7 years imprisonment and fine (depends on original crime)	Non-Bailable for serious crimes, Bailable for lesser crimes	Cognizable	Magistrate

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IPC Section 216 FAQs

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