BNS 253 — Harbouring offender who has escaped from custody or whose apprehension has been ordered.

Bharatiya Nyaya Sanhita, 2023

Statutory text

253. 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.
 Penalty for harbouring robbers or dacoits.

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