BNS Section 158: Aiding Escape of, Rescuing or Harbouring Such Prisoner

Definition of BNS Section 158

Section 158 of the BNS 2023 States:
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.

Explanation and Illustration of BNS Section 158

Section 158 of the Bharatiya Nyaya Sanhita, 2023 deals with many of those more serious offenses associated with assisting or aiding a State prisoner or prisoner of war to run away. This includes a wide range of acts that would directly or indirectly assist a prisoner to escape lawful custody, resist recapture, or to harbor a prisoner who has escaped. This section is widely applicable to both those who are actively involved in such crimes and those who try to interfere with justice by hiding or rescuing these prisoners.

• Illustration 1: Aiding or Assisting in Escape
  A civilian, knowing that a State prisoner is being transported to a new facility, helps them escape by providing information on the route or supplying them with a vehicle. In this case, the civilian is aiding or assisting the prisoner in escaping lawful custody.
  Legal Consequence: The individual would face life imprisonment or a sentence of up to ten years, along with a fine.

• Illustration 2: Attempting to Rescue
  A gang of individuals organises and carries out an assault on a prison facility to rescue a prisoner of war detained lawfully. They break the prison gates and try to take the prisoner away.
  Legal Consequence: The members will be charged in Section 158 for attempting to rescue the inmate. If guilty, they risk life imprisonment and a sentence as high as ten years.

• Illustration 3: Harbouring an Escaped Prisoner
  After a State prisoner escapes from a high-security prison, a sympathiser offers the prisoner shelter in their home and helps them hide from the authorities. This individual is harbouring or concealing the escaped prisoner.
  Legal Consequence: The individual would be charged under Section 158 for harbouring or concealing the prisoner, and could be sentenced to life imprisonment or up to ten years

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