BNS Section 158 – Aiding escape of, rescuing or harbouring such prisoner
IPC Section – 130
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Aiding escape of, rescuing or harbouring a State prisoner or prisoner of war | Life imprisonment, or imprisonment up to 10 years and fine | Cognizable | Non-bailable | Court of Session |
Key Points
Scope of the Section:
- This section applies to individuals who knowingly aid, assist, rescue, or harbor State prisoners or prisoners of war.
Actions Constituting the Offence:
- Aiding or Assisting: Helping a prisoner to escape from lawful custody.
- Rescuing or Attempting to Rescue: Actively attempting to free a prisoner from lawful detention.
- Harbouring or Concealing: Hiding a prisoner who has escaped from custody to prevent recapture.
- Resistance to Recapture: Actively resisting efforts by law enforcement to recapture an escaped prisoner.
Types of Prisoners:
- State Prisoners: Those imprisoned for offences against the state or related charges.
- Prisoners of War: Individuals captured during armed conflict and held under international law.
Punishment:
- The punishment for aiding, rescuing, or harboring such prisoners is imprisonment for life, or imprisonment for up to 10 years, along with a fine.
Legal Implications:
- This section highlights the serious consequences of obstructing the legal process. It places a significant responsibility on individuals to assist law enforcement in maintaining public order and preventing the escape or unlawful release of prisoners.
