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216. (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 from being apprehended, shall be punished in the manner following, that is to say, 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 which may extend to seven years, and shall also be liable to fine; if the offence is punishable with imprisonment for life, or imprisonment for ten years, he shall be punished with imprisonment for a term which may extend to three years, with or without fine; and if the offence is punishable with imprisonment for not less than one year but less than ten years, he shall be punished with imprisonment for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence or with fine or with both.

(2) In this section “offence” includes also any act or omission of which a person is alleged to have been guilty out of Malaysia which if he had been guilty of it in Malaysia would have been punishable as an offence and for which he is under any law relating to extradition or fugitive offences, or otherwise liable to be apprehended or detained in custody in Malaysia and every such act or omission shall for the purpose of this section be deemed to be punishable as if the accused person had been guilty of it in Malaysia.

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.