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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Under the Bharatiya Nyaya Sanhita, 2023, a person who intentionally harbours another who has committed organised crime is exempt from the offence of harbouring in which case?

The exemption applies only where the harbour or concealment is by the spouse of the offender. The proviso to the harbouring provision on organised crime names no other relationship, so friends, parents and employees who harbour the offender remain liable.

  1. AWhen the harbourer is a close friend of the offender
  2. BWhen the harbourer is the spouse of the offenderCorrect
  3. CWhen the harbourer is a parent of the offender
  4. DWhen the harbourer is an employee acting on the offender's orders

Explanation

The proviso to Section 111(5) excludes only harbour or concealment by the spouse of the offender. Parents, friends and employees are not mentioned, so they are not exempt.

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