Section 158 – Bharatiya Nyaya Sanhita (BNS) – Aiding Escape Of, Rescuing Or Harbouring Such Prisoner.

Code – Section 158 BNS

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.

Explanation of Section 158 BNS

This section criminalizes acts that help a State prisoner or prisoner of war escape, resist recapture, or go into hiding.

Key Elements of Section 158 BNS

1. Types of Offenses Covered
   • Aiding or assisting in escape
   • Rescuing or attempting to rescue a prisoner
   • Harbouring or concealing an escaped prisoner
   • Resisting the recapture of an escaped prisoner
2. **The accused must act knowingly
   • The person must be aware that they are helping a prisoner escape, hide, or resist recapture.
3. Categories of Prisoners Covered
   • State Prisoners: Individuals detained for crimes against the sovereignty of India.
   • Prisoners of War (PoW): Captured soldiers or combatants from an enemy force.
4. Punishment
   • Imprisonment for life, OR
   • Imprisonment for up to 10 years, AND
   • Liability to pay a fine

Illustrations of Section 158 BNS

Example 1: Helping a Prisoner Escape

A guard at a detention facility accepts a bribe and lets a prisoner of war escape. This is aiding an escape and is punishable under Section 158 BNS.

Example 2: Providing Shelter to an Escaped Prisoner

A person knowingly gives refuge to an escaped State prisoner in their house. Since they are harbouring an escaped prisoner, they are guilty under Section 158 BNS.

Example 3: Resisting Recapture

A group of individuals blocks police officers from re-arresting an escaped State prisoner. This is offering resistance to recapture, making them liable under Section 158 BNS.

Common Questions and Answers on Section 158 BNS

1. How is Section 158 BNS different from Section 157 BNS?

• Section 157 BNS deals with negligence by a public servant leading to a prisoner’s escape.
• Section 158 BNS applies to any person who actively helps, rescues, or hides an escaped prisoner.

2. What if a person unknowingly helps a prisoner?

If someone genuinely does not know that the person they helped is a prisoner, they cannot be convicted under Section 158 BNS.

3. What if a prisoner escapes due to parole violation?

If a prisoner on parole (temporary release) goes beyond their allowed limits, it is considered an escape from lawful custody, and anyone assisting them can be charged under Section 158 BNS.

4. Can a family member be punished under Section 158 BNS?

Yes, if a family member actively aids, rescues, or hides an escaped prisoner, they can be prosecuted.

5. What is the maximum punishment under Section 158 BNS?

• Life imprisonment, OR
• Imprisonment for up to 10 years, AND
• Fine

Conclusion

Section 158 BNS ensures that no one helps, rescues, or shelters prisoners who have escaped from custody. It is a serious offense with penalties including life imprisonment.

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