Section 216
Harbouring offender who has escaped from custody or whose apprehension has been ordered
of Penal Code
(1)
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 f?om being apprehended, shall be punished in the manner following -
(a)
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 for a term not exceeding 7 years and fine;
(b)
if the offence is punishable with imprisonment for 10
years, he shall be punished with imprisonment for a term not exceeding 3 years, with or without fine; and
Penal Code
CAP. 22 99
(c)
if the offence is punishable with imprisonment not exceeding one year and not to 10 years, he shall be punished with imprisonment of the description provided for the offence for a term not exceectinm-fourth part -077 he longest t e r m o r the imprisonment provided for such offence, fine or both.
(2)
In this section, "offence" includes also any act or omission of which a person is alleged to have been guilty outside Brunei Darussalam, which, if he had been guilty of it in Brunei Darussalam, would have been punishable as an offence, and for which he is, under any law relating to extradition liable to be apprehended or detained in custody in Brunei
Darussalam; 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 Brunei Darussalam.
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.