Bharatiya Nyaya Sanhita, 2023
BNS Section 158
Aiding escape of, rescuing or harbouring such prisoner
In one line
BNS Section 158 deals with aiding escape of, rescuing or harbouring such prisoner and replaces IPC 130.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 158 | Aiding escape of, rescuing or harbouring such prisoner. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 158
158. Aiding escape of, rescuing or harbouring such prisoner.
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.
Frequently asked
What was BNS Section 158 in the IPC?
BNS Section 158 (Aiding escape of, rescuing or harbouring such prisoner) replaces Section 130 of the Indian Penal Code, 1860. IPC 130 is now BNS 158.
What is the punishment under BNS 158?
Aiding escape of, rescuing or harbouring such prisoner – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 158 bailable?
Non-bailable: BNS 158. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 153 — Waging war against Government of any foreign State at peace with Government of India
- BNS 154 — Committing depredation on territories of foreign State at peace with Government of India
- BNS 155 — Receiving property taken by war or depredation mentioned in sections 153 and 154
- BNS 156 — Public servant voluntarily allowing prisoner of State or war to escape
- BNS 157 — Public servant negligently suffering such prisoner to escape
- BNS 159 — Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
- BNS 160 — Abetment of mutiny, if mutiny is committed in consequence thereof
- BNS 161 — Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
- BNS 162 — Abetment of such assault, if assault committed
- BNS 163 — Abetment of desertion of soldier, sailor or airman