Harbour is defined in Section 52-A of Pakistan Penal Code 1860 in the following words:-
52-A."Harbour":
Except in Section 157, and in Section 130 in the case in which the harbour is given by the wife or husband of a person harboured, the word "harbour" includes the supplying a person with shelter, food, drink, money, clothes, arms; ammunition or means of conveyance, or assisting a person by any means, whether of the same kind as, those enumerated in this section or not, to evade apprehension.
Exceptions to this principle are present in section 130 and 157 of the same code in the manner described below:-
130.Aiding escape of, rescuing or harbouring such prisoner:
Whoever, knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner; or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also he liable to fine.
157.Harbouring persons hired for an unlawful assembly:
Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Only a husband can give harbour to his wife and a wife can give harbour to her husband. That way harbour is legal and non-punishable.
52-A."Harbour":
Except in Section 157, and in Section 130 in the case in which the harbour is given by the wife or husband of a person harboured, the word "harbour" includes the supplying a person with shelter, food, drink, money, clothes, arms; ammunition or means of conveyance, or assisting a person by any means, whether of the same kind as, those enumerated in this section or not, to evade apprehension.
Exceptions to this principle are present in section 130 and 157 of the same code in the manner described below:-
130.Aiding escape of, rescuing or harbouring such prisoner:
Whoever, knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner; or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also he liable to fine.
Explanation: A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in Pakistan, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
157.Harbouring persons hired for an unlawful assembly:
Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Only a husband can give harbour to his wife and a wife can give harbour to her husband. That way harbour is legal and non-punishable.
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