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BNS, 2023
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BNSChapter VIISection 158
Section158

Aiding escape of, rescuing or harbouring such prisoner

AI Assist

Summary

Knowingly helping, rescuing, hiding, or resisting recapture of a State prisoner or prisoner of war who escapes or attempts to escape from lawful custody is a serious offence. It also applies if a paroled prisoner goes beyond the limits allowed to him. Punishment is life imprisonment, or up to ten years and fine; the offence is cognizable and non-bailable.

Example

Priya hides a paroled State prisoner who goes beyond the limits he is allowed to be at large and helps him travel to another town. Because she knowingly harboured and aided his escape, Priya can be prosecuted and faces life imprisonment or up to ten years and a fine.

Bare Act

Enacted text

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 be 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 India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

BNSS Classification

  • Imprisonment for life, or imprisonment for 10 years and fine.
  • Cognizable
  • Non-bailable
  • Triable by Court of Session.
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VII

Chapter VII

Of Offences Against The State

In this chapter

  • 147Waging, or attempting to wage war, or abetting waging of war, against the Government of India
  • 148Conspiracy to commit offences punishable by section 147
  • 149Collecting arms, etc., with intention of waging war against the Government of India
  • 150Concealing with intent to facilitate design to wage war
  • 151Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
  • 152Acts endangering sovereignty unity and integrity of India
  • 153Waging war against Government of any foreign State at peace with the Government of India
  • 154Committing depredation on territories of foreign State at peace with the Government of India
  • 155Receiving property taken by war or depredation mentioned in sections 153 and 154
  • 156Public servant voluntarily allowing prisoner of state or war to escape
  • 157Public servant negligently suffering such prisoner to escape
  • 158Aiding escape of, rescuing or harbouring such prisoner
Previous · Section 157Public servant negligently suffering such prisoner to escapeNext · Section 159Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty