What is the punishment under BNS 253?

253(a): Imprisonment for 7 years and fine. 253(b): Imprisonment for 3 years, with or without fine. 253(c): Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both.

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BNS Section 253: Harbouring offender who has escaped from custody or whose apprehension has been ordered

Section 253 of the Bharatiya Nyaya Sanhita, 2023 deals with harbouring offender who has escaped from custody or whose apprehension has been ordered. It replaces IPC 216 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 253(a) is cognizable and bailable; 253(b) is cognizable and bailable; 253(c) is cognizable and bailable.

Bail, cognizability and punishment

Section	Offence	Punishment	Cognizable	Bailable	Triable by
253(a)	Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence is punishable with death.	Imprisonment for 7 years and fine.	Cognizable	Bailable	Magistrate of the first class
253(b)	If punishable with imprisonment for life or with imprisonment for 10 years.	Imprisonment for 3 years, with or without fine.	Cognizable	Bailable	Magistrate of the first class
253(c)	If punishable with imprisonment for 1 year and not for 10 years.	Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both.	Cognizable	Bailable	Magistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 253

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—tThe 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.

IPC sections replaced

IPC 216: Harbouring offender who has escaped from custody or whose apprehension has been ordered

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