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.
IPC Section 130 in BNS: Section 158
Aiding escape of, rescuing or harbouring such prisoner
Section 130 of the Indian Penal Code, 1860 (Aiding escape of, rescuing or harbouring such prisoner) corresponds to Section 158 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 158 is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for life, or imprisonment for 10 years and fine.
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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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 158
Full BNS Section 158 and every IPC section it replaced →
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