Aiding escape of, rescuing or harbouring such prisoner
What this section does
This section punishes any person (not limited to public servants) who knowingly aids or assists a State prisoner or prisoner of war in escaping, rescues or attempts to rescue such a prisoner, harbours or conceals an escaped prisoner, or resists or attempts to resist the recapture of such a prisoner. The Explanation clarifies that a prisoner on parole who goes beyond permitted limits is deemed to have escaped from lawful custody.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment for life, or imprisonment of either description for a term which may extend to 10 years, and also liable to fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused knowingly aided or assisted a State prisoner or prisoner of war in escaping from lawful custody; or rescued or attempted to rescue such a prisoner; or harboured or concealed such a prisoner who had escaped from lawful custody; or offered or attempted to offer resistance to the recapture of such a prisoner
- Knowledge of the prisoner's status or escaped condition is required
Practitioner note
The Explanation extends the definition of 'escape from lawful custody' to include a prisoner on parole who goes beyond the limits within which he is permitted to be at large in India.
Derived from IPC s.130.
Read the official text
For the binding statutory text of BNS Section 158, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 158 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.