Bharatiya Nyaya Sanhita, 2023 - Chapter VII
Section 158 BNS: Aiding Escape, Rescuing or Harbouring State Prisoner or Prisoner of War
Bare provision of Section 158 BNS
Meaning and essential ingredients
Section 158 requires knowing involvement in conduct connected with the escape or continued evasion of lawful custody of a State prisoner or prisoner of war. The provision covers several distinct forms of conduct.
1. Knowingly aiding or assisting escape
The section applies where a person knowingly aids or assists a State prisoner or prisoner of war in escaping from lawful custody. The word "knowingly" makes awareness of the relevant conduct an express part of the statutory language.
2. Rescuing or attempting to rescue
Liability is not confined to a completed rescue. An attempt to rescue a State prisoner or prisoner of war from lawful custody is also expressly covered.
3. Harbouring or concealing an escaped prisoner
Section 2(13) BNS defines "harbour" broadly. It includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or otherwise assisting a person to evade apprehension. Section 158 applies where such harbouring or concealment concerns a State prisoner or prisoner of war who has escaped from lawful custody.
4. Resistance to recapture
The section also covers offering or attempting to offer resistance to the recapture of the escaped prisoner.
5. Parole beyond permitted limits
The statutory Explanation clarifies that a State prisoner or prisoner of war permitted to remain at large on parole within specified limits in India is treated as escaping from lawful custody if the prisoner goes beyond those permitted limits.
Punishment and procedural classification
| Offence | Aiding escape of, rescuing or harbouring a State prisoner or prisoner of war. |
|---|---|
| Punishment | Imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and fine. |
| Cognizable | Yes. |
| Bail | Non-bailable. |
| Court competent to try | Court of Session. |
Relationship with Sections 156 and 157 BNS
Section 156 applies to a public servant who voluntarily allows a State prisoner or prisoner of war in custody to escape. Section 157 applies where such a public servant negligently suffers the escape. Section 158 separately addresses knowing assistance, rescue or attempted rescue, harbouring or concealment after escape, and resistance to recapture.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government brought its provisions into force from 1 July 2024, except Section 106(2). Section 158 is therefore in force.
Official legal sources
The current statutory text can be checked in the official India Code copy of the Bharatiya Nyaya Sanhita, 2023. The procedural classification appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The commencement notification is available from the Ministry of Home Affairs.