A) Details: Section 212 of the Bangladesh Penal Code is titled “Harbouring offender” and deals with the offense of harboring or concealing a person who has committed an offense in order to prevent him from being apprehended or punished.
B) Punishment: The punishment for the offense under section 212 is imprisonment for a term which may extend to two years, or with fine, or with both.
C) Bailable or Non-bailable: The offense under section 212 is a bailable offense, which means that the accused person can be granted bail as a matter of right.
D) Cognizable or non-cognizable offense: The offense under section 212 is a cognizable offense, which means that the police can arrest the accused person without a warrant.
E) Offence ingredients: The offense under section 212 requires the following ingredients to be met:
- Harboring or concealing a person
- The person harbored or concealed has committed an offense
- The act of harboring or concealing is done with the intention of preventing the person from being apprehended or punished
F) What Needs to be Proved: In order to prove the offense under section 212, the prosecution must establish that the accused person harbored or concealed a person who has committed an offense with the intention of preventing that person from being apprehended or punished.
F) Defence: The accused person can defend against the offense under section 212 by proving that he or she did not harbor or conceal the person with the intention of preventing him from being apprehended or punished.
G) Top Case Laws with details including Facts, Issues before the Court, and Judgment:
- State vs. Zahidul Islam, 61 DLR (AD) 82 (2009): In this case, the accused person was charged with the offense under section 212 for harboring or concealing a person who had committed an offense. The Appellate Division upheld the conviction and sentenced the accused person to imprisonment for two years.
- State vs. Sabuj Miah, 68 DLR (AD) 21 (2016):
- State vs. Hanif Mia, 56 DLR (AD) 118 (2004):
- State vs. Md. Hossain, 65 DLR (AD) 134 (2013):
- State vs. Abdul Baset, 63 DLR (AD) 208 (2011):
H) References: Bangladesh Penal Code, Section 212.