All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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4.

Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital is dealt under

A: Section 215 of IPC
B: Section 216 of IPC
C: Section 217 of IPC
D: Section 218 of IPC

The answer is: B

Explanation

The correct option is B: Section 216 of IPC. This section deals with the offence of harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital. The punishment for this offence is imprisonment of either description for a term which may extend to five years, and also fine.

Section 216 of IPC is part of Chapter X of the Indian Penal Code, which covers the offences relating to the obstruction of the administration of justice. The section reads as follows:

"Whoever, knowing or having reason to believe that an offence punishable with death has been committed, harbours or conceals a person whom he knows or believes to be the offender, intending thereby to screen him from legal punishment, if a judgment of death has been passed on such person by a Court of Justice, or if such person has been ordered to be apprehended for the purpose of being so tried or punished, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine."

The section aims to prevent the escape of offenders who have committed capital crimes, and to ensure that they are brought to justice. The section requires the following elements to constitute the offence:

- The offender must have committed an offence punishable with death.

- The harbourer or concealer must know or have reason to believe that the offender has committed such an offence.

- The harbourer or concealer must intend to screen the offender from legal punishment.

- The offender must have been either sentenced to death by a court of justice, or ordered to be apprehended for the purpose of being tried or punished.

The section does not apply to cases where the harbourer or concealer is the husband or wife of the offender, or where the offender has been pardoned or reprieved by the competent authority.