Chapter XI · Of False Evidence and Offences Against Public Justice

Harbouring offender who has escaped from custody or whose apprehension has been ordered__ if a capital offence; if punishable with imprisonment for life, or with imprisonment

Section 216 · Pakistan Penal Code

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Harbouring offender who has escaped from custody or whose apprehension has been ordered __ 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 a capital offence; 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 of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment. if the offence is punishable with 1[imprisonment for life], or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence or with fine, or with both.

2["Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of 3[Pakistan] which, if he had been guilty of it in 3[Pakistan], would have been punishable as an offence, and for which he is, under any law relating to extradition, 4[* * *] or otherwise, liable to be apprehended or detained in custody in 3[Pakistan], and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 3[Pakistan].]

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.

Amendment notes (4)›
  1. 1Substituted by the Law Reforms Ordinance, 1972 (12 of 1972), s.
  2. 2Inserted by the Indian Criminal Law Amdt. Act, 1886 (10 of 1886), section 23.
  3. 3and II Schedule
  4. 4The words "or under the Fugitive Offenders Act, 1881," omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.

How to cite

In a petition
Section 216, PPC
With heading
Section 216 PPC (Harbouring offender who has escaped from custody or whose apprehension has been ordered__ if a capital offence; if punishable with imprisonment for life, or with imprisonment)
In full
Section 216, Pakistan Penal Code (Act XLV of 1860)

Text as amended up to 30-11-2025, from the Pakistan Code, Ministry of Law and Justice. Check the official text before filing. Official PDF, page 87