A is the husband of B. B is a member of an organised crime syndicate and has committed organised crime.…
The harbouring subsection expressly exempts conduct by the offender's spouse. Since A is B's husband and the question confines liability to harbouring after B's offence,…
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A is the husband of B. B is a member of an organised crime syndicate and has committed organised crime. A intentionally harbours B after B's offence. Considering liability for this harbouring alone, under section 111(5) of the Bharatiya Nyaya Sanhita, 2023, A is liable for—
Answer and explanation
Correct answer C
The harbouring subsection expressly exempts conduct by the offender's spouse. Since A is B's husband and the question confines liability to harbouring after B's offence, that exemption applies; the facts do not establish a separate act of agreement, instigation or assistance in committing organised crime.
Why not "criminal conspiracy of organised crime"? Criminal conspiracy requires an agreement directed towards the unlawful activity, which the scenario does not supply. A's later harbouring of a spouse cannot by itself be converted into a prior conspiratorial agreement, especially when the question expressly limits consideration to the harbouring conduct protected by the proviso.
Why not "abetment of organised crime"? Abetment requires the relevant instigation, conspiracy-based assistance or intentional aiding of the offence. The supplied facts state only spousal harbouring after the offence and exclude other conduct from consideration, so importing an unstated act of abetment would bypass both the factual limit and the express exemption.
Why not "knowingly facilitating the commission of organised crime"? Knowingly facilitating commission concerns assistance towards carrying out organised crime, while the described conduct occurs after B has committed the offence. Without a stated continuing plan or other facilitating act, the specific spousal-harbouring exemption governs and cannot be displaced merely by relabelling the same facts.
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