BNS Section 253 — Harbouring offender who has escaped from custody or whose apprehension has been ordered

Summary

This section deals with a person who hides or shelters someone who has escaped from lawful custody, or someone whom a public servant has lawfully ordered to be apprehended for an offence. The person doing the hiding must know about the escape or the apprehension order, and must intend to prevent the wanted person from being caught. If these conditions are met, the person hiding the offender is punished according to the seriousness of the original offence, as set out below.

Under clause (a), if the offence for which the person was in custody or was ordered to be apprehended is punishable with death, the person hiding them shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Under clause (b), if the offence is punishable with imprisonment for life or imprisonment for ten years, the person hiding them shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine.

Under clause (c), if the offence is punishable with imprisonment which may extend to one year and not to ten years, the person hiding them shall be punished with imprisonment of the description provided for that offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for such offence, or with fine, or with both.

The Explanation clarifies that the word "offence" in this section also includes any act or omission committed outside India which, if committed in India, would have been punishable as an offence, and for which the person is liable to be apprehended or detained in custody in India under any law relating to extradition or otherwise. Such an act or omission is treated as punishable as if the person had committed it in India.

The Exception states that this section does not apply when the hiding or concealment is done by the spouse of the person to be apprehended.

Official Text

Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, namely:—

(a) if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

(b) if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine;

(c) if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both.

Explanation.—“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India. Exception.—The provisions of this section do not extend to the case in which the harbour or concealment is by the spouse of the person to be apprehended.

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)
• J STATE THROUGH SUPERINTENDENT OF POLICE, CBI/SIT ETC v. NALINI AND ORS. ETC. ETC. MAY 11, 1999 — Supreme Court of India (1999)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §216 — Harbouring offender who has escaped from custody or whose apprehension has been ordered