Bharatiya Nyaya Sanhita, 2023
BNS Section 253
Harbouring offender who has escaped from custody or whose apprehension has been ordered
In one line
BNS Section 253 deals with harbouring offender who has escaped from custody or whose apprehension has been ordered and replaces IPC 216.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 253(a) | Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence is punishable with death. | Imprisonment for 7 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 253(b) | If punishable with imprisonment for life or with imprisonment for 10 years. | Imprisonment for 3 years, with or without fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 253(c) | If punishable with imprisonment for 1 year and not for 10 years. | Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
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 253
253. Harbouring offender who has escaped from custody or whose apprehension has been ordered.
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.
What changed from the IPC
- IPC 216 → BNS 253: Section is reorganized in form of clauses (a), (b) and (c) and sub-headings are dropped.
- IPC 216 → BNS 253: "husband or wife" is replaced by "spouse".
Frequently asked
What was BNS Section 253 in the IPC?
BNS Section 253 (Harbouring offender who has escaped from custody or whose apprehension has been ordered) replaces Section 216 of the Indian Penal Code, 1860. IPC 216 is now BNS 253.
What is the punishment under BNS 253(a)?
Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence is punishable with death – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 253(b)?
If punishable with imprisonment for life or with imprisonment for 10 years – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 253(c)?
If punishable with imprisonment for 1 year and not for 10 years – punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 253 bailable?
Bailable: BNS 253(a), 253(b), 253(c). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 248 — False charge of offence made with intent to injure
- BNS 249 — Harbouring offender
- BNS 250 — Taking gift, etc., to screen an offender from punishment
- BNS 251 — Offering gift or restoration of property in consideration of screening offender
- BNS 252 — Taking gift to help to recover stolen property, etc
- BNS 254 — Penalty for harbouring robbers or dacoits
- BNS 255 — Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
- BNS 256 — Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
- BNS 257 — Public servant in judicial proceeding corruptly making report, etc., contrary to law
- BNS 258 — Commitment for trial or confinement by person having authority who knows that he is acting contrary to law