Indian criminal law | Statutory definitions
IPC Section 52A: Meaning of Harbour and BNS Section 2(13)
Section 52A of the Indian Penal Code, 1860 defined the expression "harbour" broadly to cover assistance enabling a person to evade apprehension. The corresponding definition now appears in Section 2(13) of the Bharatiya Nyaya Sanhita, 2023.
Text of IPC Section 52A - Harbour
Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word "harbour" includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.
Section 52A was a definition provision, not a standalone offence or punishment. Its opening words expressly excluded its general definition in IPC Section 157 and, in the specified spousal circumstances, IPC Section 130. Whether conduct constituted a punishable offence depended on the substantive penal provision and its requirements.
Current law: Section 2(13) of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita (BNS) came into force on 1 July 2024, subject to the notified exception concerning Section 106(2). Section 2(13) provides:
"harbour" includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension;
The BNS definition preserves the broad categories of assistance. Unlike the introductory wording of former IPC Section 52A, BNS Section 2(13) does not itself state the same specific exclusions. Relevant exceptions must be checked in the substantive BNS offence provisions, including spousal exceptions where expressly provided.
What does harbouring mean in criminal law?
Harbouring can involve supplying shelter, food, drink, money, clothing, weapons, ammunition or transport, or other assistance intended to help a person avoid apprehension. The definition is inclusive: conduct not expressly listed may also qualify if it serves that purpose.
Practical illustrations
- Knowingly hiding a wanted person to prevent lawful arrest may amount to harbouring under an applicable offence provision.
- Providing a vehicle or funds to help a person evade apprehension can fall within the statutory definition.
- Providing ordinary accommodation without the knowledge or intent required by the relevant offence does not automatically establish criminal liability.
Harbouring and criminal liability
The definition alone does not make every act of assistance unlawful. The prosecution must establish the elements of the applicable offence, including any required knowledge, intention, circumstances and available statutory exceptions. For example, BNS Section 249 addresses harbouring an offender in specified circumstances, while Section 253 concerns harbouring a person who has escaped custody or whose apprehension has been ordered. Their respective texts and exceptions should be examined independently.
Does IPC Section 52A still apply?
The IPC was repealed when the BNS commenced on 1 July 2024. However, repeal and savings provisions preserve relevant legal consequences and proceedings concerning earlier conduct. For an alleged offence, the date of the conduct and the applicable transitional rules are important when determining whether the IPC or BNS governs.
Official legal sources
- India Code - official repository of central legislation (search for the Indian Penal Code, 1860 and Bharatiya Nyaya Sanhita, 2023).
- NCRB - Bharatiya Nyaya Sanhita section index.
- Bharatiya Nyaya Sanhita, 2023 - full statutory text (court-hosted PDF).
Frequently asked questions
Is harbouring the same as giving someone shelter?
No. Shelter is one listed form of assistance, but the legal definition concerns assistance to evade apprehension. Criminal liability depends on the applicable offence.
What replaced IPC Section 52A?
The corresponding definition is in BNS Section 2(13), which defines "harbour" for the BNS unless the context otherwise requires.
Is there a general spouse exemption?
No blanket exemption should be assumed. The former IPC definition had specific exclusions, and the BNS contains exceptions in particular substantive sections. The exact provision governing the facts must be checked.
Legal information updated 28 October 2026. This article is general information and is not a substitute for advice on specific facts.