BNS Section 158 — Aiding escape of, rescuing or harbouring such prisoner

CHAPTER VII OF OFFENCES AGAINST THE STATE

Criminal

Summary

Whoever knowingly helps or assists a State prisoner or prisoner of war to escape from lawful custody, or rescues or tries to rescue such a prisoner, or harbours or hides such a prisoner who has already escaped from lawful custody, or offers or tries to offer any resistance to the recapture of such a 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.

The Explanation clarifies that a State prisoner or prisoner of war who is allowed to be at large on parole within certain limits in India is considered to have escaped from lawful custody if he goes beyond the limits within which he is allowed to be at large.

Official 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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • IPC §130 — Aiding escape of, rescuing or harbouring such prisoner