158. Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
BNS Section 158: Aiding escape of, rescuing or harbouring such prisoner
Section 158 of the Bharatiya Nyaya Sanhita, 2023 deals with aiding escape of, rescuing or harbouring such prisoner. It replaces IPC 130 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 158 is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 158 | Aiding escape of, rescuing or harbouring such prisoner. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 158
IPC sections replaced
- IPC 130: Aiding escape of, rescuing or harbouring such prisoner
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