All India Bar Examination (AIBE) 20 (XX) Previous Year Question Papers with Answers

Correct Answer: C - Only Statement 2 is True

The correct answer is Option C - Only Statement 2 is True.

Under Section 212 of the Indian Penal Code (IPC), Statement 1 is legally incorrect because the punishment for harbouring is not uniformly 7 years - it depends on the nature of the original offence. Statement 2 is legally correct as Section 212 IPC expressly provides an exception for the husband or wife of the offender.

WHAT IS HARBOURING AN OFFENDER UNDER IPC?

Harbouring an offender means knowingly providing shelter, food, drink, money, clothes, arms, ammunition, or any means of conveyance to a person who has:

• Escaped from lawful custody, or
• Against whom a warrant of arrest has been issued

This offence is governed by Section 212 of the Indian Penal Code, 1860, which falls under the chapter dealing with offences against public justice.

WHY STATEMENT 1 IS FALSE

Statement 1 incorrectly links an offence punishable with imprisonment up to 3 years with a punishment of 7 years for harbouring. This does not match the legal provisions under Section 212 IPC.

The correct punishment structure under Section 212 IPC is as follows:

The punishment of 7 years applies only when the harboured person has committed an offence punishable with death or life imprisonment - not for an offence punishable with mere 3 years imprisonment. Hence, Statement 1 is False.

WHY STATEMENT 2 IS TRUE

Section 212 IPC expressly provides the following exception:

This section does not extend to any case in which the harbour or concealment is by the husband or wife of the offender.

This spousal exception is based on the principle of natural love, affection, and marital protection. Since this exception is clearly provided under Section 212 IPC itself, Statement 2 is completely True.

SECTION 212 IPC :

1. Section 212 IPC deals with Harbouring an Offender
2. Punishment is not uniform - it depends on the gravity of the original offence
3. Maximum punishment is 7 years — only for offences punishable with death or life imprisonment
4. Husband or wife of the offender is expressly exempted from liability
5. The person must knowingly harbour the offender for the offence to apply
6. Under Bharatiya Nyaya Sanhita (BNS), 2023, the corresponding provision is Section 245

PUNISHMENT CHART - SECTION 212 IPC

IPC vs BNS 2023 - Comparative Reference

RELATED PROVISIONS - INDIAN PENAL CODE