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IPC, 1860
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IPCChapter VISection 130
Section130

Aiding escape of, rescuing or harbouring such prisoner

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Summary

Knowingly helping a State prisoner or prisoner of war to escape, rescuing or attempting to rescue them, hiding an escaped prisoner, or resisting their recapture is a crime. The offender can be punished with life imprisonment or imprisonment up to ten years, and also fined. A prisoner on parole who goes beyond allowed limits is treated as having escaped from lawful custody.

Example

Priya shelters Aditya, who escaped from lawful custody, in her flat to prevent his recapture. Under this section Priya can be punished with life imprisonment or imprisonment up to ten years, and fined.

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.

Explanations

(1) 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.

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VI

Chapter VI

Of Offences Against the State

In this chapter

  • 121Waging, or attempting to wage war, or abetting waging of war, against the Government of India
  • 121AConspiracy to commit offences punishable by section 121
  • 122Collecting arms, etc., with intention of waging war against the Government of India
  • 123Concealing with intent to facilitate design to wage war
  • 124Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
  • 124ASedition
  • 125Waging war against any Asiatic Power in alliance with the Government of India
  • 126Committing depredation on territories of Power at peace with the Government of India
  • 127Receiving property taken by war or depredation mentioned in sections 125 and 126
  • 128Public servant voluntarily allowing prisoner of state or war to escape
  • 129Public servant negligently suffering such prisoner to escape
  • 130Aiding escape of, rescuing or harbouring such prisoner
Previous · Section 129Public servant negligently suffering such prisoner to escapeNext · Section 131Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty