In this section “offence” includes also any act or omission of which a person is alleged to have been guilty out of Singapore which if he had been guilty of it in Singapore would have been punishable as an offence and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Singapore, and every such act or omission shall for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore.
Section history
Section 216 — Harbouring an offender who has escaped from custody, or whose apprehension has been ordered
Consolidated view is experimental and may be broken for certain provisions.
Amendments
Whenever any person convicted of, or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, that is to say, if the offence for which the person was in custody, or is ordered to be apprehended, is punishable with death, he shall be punished with imprisonment for a term which may extend to 72008102008 years, and shall also be liable to fine; if the offence is punishable with imprisonment for life, or imprisonment for 102008which may extend to 202008 years, he shall be punished with imprisonment for a term which may extend to 3 years, with or without20087 years, and shall also be liable to2008 fine; and if the offence is punishable with imprisonment which may extend to one year and not to 102008202008 years, he shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
Proviso — Original text to 30 November 2008superseded
Proviso — From 30 November 2008 (current)rewritten by the Revised Edition
In this section, “offence” includes also any act or omission of which a person is alleged to have been guilty out of Singapore which if he had been guilty of it in Singapore would have been punishable as an offence and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Singapore, and every such act or omission shall for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore.
Exception.—This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
Exception.—2008Exception 1.—2008This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
[Indian PC 1860, s. 216]
(1)Whenever any person convicted of, or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following:
(a)if the offence for which the person was in custody, or is ordered to be apprehended, is punishable with death, he shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine;
(b)if the offence is punishable with imprisonment for life, or imprisonment which may extend to 20 years, he shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine;
(c)if the offence is punishable with imprisonment which may extend to one year and not to 20 years, he shall be punished with imprisonment for a term which may extend to one‑fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.
(2)In this section, “offence” includes also any act or omission of which a person is alleged to have been guilty out of Singapore which if he had been guilty of it in Singapore would have been punishable as an offence and for which he is under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in Singapore, and every such act or omission shall for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Singapore.