"Harbour"
Section 52A of the Indian Penal Code, 1860 deals with "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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.]
CHAPTER III
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OF PUNISHMENTS
Section 52A, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 2 Definitions Distant match 56%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nima @ Nirmala Parida @ Nirmala Kumar Parida vs State of Odisha
Court's Decision & Legal Precedent
When an anticipatory bail application involves allegations of serious offences under Section 52A IPC, the High Court may decline to grant anticipatory bail outright. However, if the petitioner demonstrates that she was not present at the spot and no incriminating materials were seized from her possession, the Court may direct that upon voluntary surrender within a specified period, the petitioner shall be released on bail by the subordinate court, subject to verification of criminal antecedents and deposit of a reasonable amount, thereby balancing the seriousness of the offence with the petitioner's right to liberty.
On this section: Section 52A IPC relates to offences under the Excise Act or similar regulatory statutes. The Court considered the seriousness and gravity of offences under this section as a factor in denying anticipatory bail.
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Oinam Lukhoi Singh vs The State of Manipur
Court's Decision & Legal Precedent
For an accused to be prosecuted under Section 19 of the Unlawful Activities (Prevention) Act, 1967 for harboring a terrorist, there must be: (1) Knowledge that the person is a terrorist; (2) Intention to help the person evade apprehension; and (3) Actual harboring, concealment, or attempt to harbor or conceal. Merely giving a lift to an unknown person without knowledge of their terrorist connections and without any attempt to help them evade apprehension does not constitute the offense. Similarly, for Section 39 of UAPA to apply, the support must be within the meaning of clauses (a), (b), or (c) of Section 39(1) and must be done with the intention to further the activities of a terrorist organization. Confessional statements made to police without the presence of a Magistrate are inadmissible under Sections 25 and 26 of the Indian Evidence Act and cannot form the basis of prosecution. The confession of a co-accused cannot be treated as substantive evidence against another accused unless the other evidence adduced by the prosecution is satisfactory and the co-accused's confession is used only as corroborative evidence. When no prima facie case is made out and the proceedings have been pending for an unreasonable period without progress, the High Court should exercise its inherent powers under Section 482 CrPC to quash the FIR.
On this section: Defines 'harbour' inclusively to mean supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance or assisting a person by any means to evade apprehension.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 52A
What have the courts held on Section 52A of the Indian Penal Code?
Nima @ Nirmala Parida @ Nirmala Kumar Parida vs State of Odisha (03 May 2024) is the leading judgment on this section among those set out below: Section 52A IPC relates to offences under the Excise Act or similar regulatory statutes. The Court considered the seriousness and gravity of offences under this section as a factor in denying anticipatory bail. Another 1 judgment on this section is set out below. They run from 2022 to 2024.
How do I find court cases under Section 52A of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 52A, section 52A IPC, section 52A of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Nima @ Nirmala Parida @ Nirmala Kumar Parida vs State of Odisha (03 May 2024).
What should I read with Section 52A of the Indian Penal Code, and has it changed?
Its own text turns on section 130 (Aiding escape of, rescuing or harbouring such prisoner), section 157 (Harbouring persons hired for an unlawful assembly), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNS 2 (Definitions), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 52A of the Indian Penal Code come into force?
Section 52A of the Indian Penal Code, cited as IPC 52A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.