BNS Section 253 – Harbouring offender who has escaped from custody or whose apprehension has been ordered
The Indian Penal Code (IPC) Section – 216
Understanding BNS Section 253: Harbouring an Offender Who Has Escaped from Custody or Whose Apprehension Has Been Ordered
The legal system relies on ensuring that offenders are brought to justice. However, when someone knowingly harbours or conceals an offender who has escaped from custody or is wanted by authorities, it obstructs justice. Section 253 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 253 Say?
Section 253 deals with the act of harbouring or concealing an offender who has either:
- Escaped from lawful custody, or
- Is ordered to be apprehended by a public servant for an offense.
Here’s what the law states:
- Offense: If a person, knowing that someone has escaped from custody or is ordered to be apprehended, harbours or conceals that person with the intention of preventing their arrest, they commit an offense.
- Punishment: The punishment varies depending on the severity of the offense committed by the offender:
- If the offense is punishable with death:
- Imprisonment for up to 7 years, and
- A fine.
- If the offense is punishable with life imprisonment or imprisonment up to 10 years:
- Imprisonment for up to 3 years, with or without a fine.
- If the offense is punishable with imprisonment up to 1 year (but not 10 years):
- Imprisonment for up to one-fourth of the maximum term of the offense, or
- A fine, or
- Both imprisonment and fine.
- If the offense is punishable with death:
- Exception: This section does not apply if the offender is harboured or concealed by their spouse.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Harbouring or concealing an offender who has escaped from custody or is ordered to be apprehended. |
| Punishment (Death) | Up to 7 years in jail and a fine. |
| Punishment (Life/10 yrs) | Up to 3 years in jail, with or without a fine. |
| Punishment (<10 yrs) | Up to one-fourth of the maximum term of the offense, or fine, or both. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by a Magistrate of the first class. |
Why is This Law Important?
- Ensures Justice is Served: It prevents individuals from helping offenders evade arrest and punishment.
- Maintains Rule of Law: It discourages people from obstructing legal processes.
- Protects Society: By ensuring offenders face consequences, it helps maintain public safety.
Explanation and Exception
- Explanation: The term “offense” includes acts committed outside India that would be punishable if committed in India. This ensures that harbouring offenders wanted for extradition or other legal processes is also punishable.
- Exception: This section does not apply if the offender is harboured or concealed by their spouse.
Examples of Offenses Under Section 253
- Example 1: A person harbours a convicted criminal who has escaped from jail, knowing they are wanted for a crime punishable with death.
- Example 2: An individual conceals someone who is ordered to be apprehended for a crime punishable with life imprisonment.
- Example 3: A person hides an offender wanted for a crime punishable with less than 10 years of imprisonment.
Conclusion
Section 253 of the BNS is a crucial provision to ensure that offenders cannot evade justice with the help of others. Harbouring or concealing an offender who has escaped from custody or is wanted by authorities is a serious offense, and the punishment varies based on the severity of the original crime. Always act responsibly and within the bounds of the law.
