Section 253 BNS: Harbouring an Offender Who Escaped from Custody or Whose Apprehension Was Ordered
Section 253 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who knowingly harbours or conceals someone who escaped from lawful custody, or whose apprehension was lawfully ordered by a public servant, with the intention of preventing that person from being apprehended.
Text of Section 253 of the Bharatiya Nyaya Sanhita, 2023
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.
Meaning of Section 253 BNS
The provision applies after a person charged with or convicted of an offence escapes from lawful custody, or after a public servant lawfully orders that person's apprehension. A third person may commit the offence under Section 253 where that third person knows of the escape or apprehension order and intentionally harbours or conceals the person so as to prevent apprehension.
The section therefore requires more than ordinary association or contact with the wanted person. The statutory language requires knowledge of the escape or apprehension order together with harbouring or concealment intended to prevent apprehension.
Essential Ingredients of Section 253 BNS
- The person being protected must have escaped from lawful custody for an offence, or must be a person whose apprehension for an offence has been lawfully ordered by a public servant.
- The accused must know about the escape from custody or the lawful order for apprehension.
- The accused must harbour or conceal the person.
- The harbouring or concealment must be done with the intention of preventing that person from being apprehended.
- The punishment depends upon the punishment prescribed for the offence connected with the escaped or wanted person.
Punishment and Classification under Section 253 BNS
| Clause | Underlying offence | Punishment under Section 253 | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| 253(a) | Punishable with death | Imprisonment of either description up to 7 years and fine | Cognizable | Bailable | Magistrate of the first class |
| 253(b) | Punishable with imprisonment for life or imprisonment for 10 years | Imprisonment of either description up to 3 years, with or without fine | Cognizable | Bailable | Magistrate of the first class |
| 253(c) | Punishable with imprisonment which may extend to 1 year and not to 10 years | Imprisonment of the description provided for the underlying offence up to one-fourth of its longest term, or fine, or both | Cognizable | Bailable | Magistrate of the first class |
Meaning of "Harbour" under the BNS
Section 2 of the Bharatiya Nyaya Sanhita contains general definitions used in the Sanhita. The statutory concept of harbouring is broader than merely providing a place to stay and may include specified forms of assistance used to facilitate concealment or avoidance of apprehension, depending on the applicable definition and factual context.
Acts or Omissions Committed Outside India
The Explanation to Section 253 expressly extends the meaning of "offence" to certain acts or omissions alleged to have been committed outside India. The Explanation applies where the conduct would have been punishable if committed in India and the person is liable, under extradition law or otherwise, to be apprehended or detained in India.
Spouse Exception under Section 253 BNS
Section 253 contains an express exception where the harbouring or concealment is by the spouse of the person who is to be apprehended. The statutory exception is specific to that relationship and should be read according to its precise terms.
Section 253 BNS and Former Section 216 IPC
Section 253 BNS substantially carries forward the subject previously dealt with by Section 216 of the Indian Penal Code, 1860. Because the IPC was repealed subject to statutory savings, conduct occurring before commencement of the BNS may require examination under the earlier law and the relevant repeal-and-savings provisions.
Related BNS Provisions
Section 249 BNS: Harbouring an offender.
Section 252 BNS: Taking gift to help to recover stolen property, etc.
Section 254 BNS: Penalty for harbouring robbers or dacoits.
Section 259 BNS: Intentional omission to apprehend on the part of a public servant bound to apprehend.
Quick Summary
Section 253 BNS punishes knowing and intentional harbouring or concealment of a person who escaped from lawful custody or whose apprehension has been lawfully ordered. Punishment varies with the seriousness of the underlying offence. Each category in the First Schedule to the BNSS is cognizable and bailable and is triable by a Magistrate of the first class. The section also contains an Explanation dealing with qualifying conduct outside India and an express exception for harbouring or concealment by the spouse of the person to be apprehended.
This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.