Bharatiya Nyaya Sanhita 2023
Section 158 :
Aiding escape of rescuing or harbouring such prisoner :
(See section 130 of IPC 1860)
Section : 158
Classification of Offence:
Offence : Aiding escape of, rescuing or harbouring such prisoner.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 130 :
Aiding escape of, rescuing or harbouring such prisoner:
(See section 158 of BNS 2023)
Classification of Offence:
Offence: Aiding escape of, rescuing or harbouring, such prisoner, or offering any resistance to the recapture of such prisoner.
Punishment :Imprisonment for life,or imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session
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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 1.[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 2.[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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1. Subs. by Act 26 of 1955, s. 117 and the Sch., “for transportation for life” (w.e.f. 1-1-1956).
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.