Code : Section 253 BNS
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.—The 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.
Understanding Section 253 BNS
What Does Section 253 BNS Cover?
This section punishes individuals who knowingly shelter or assist a criminal who has either:
- Escaped from police custody or jail, or
- Is wanted under a court-ordered arrest.
Key Elements of the Offence
- Harbouring or Concealing an Offender – The person must knowingly hide, assist, or protect the accused.
- Knowledge of Escape or Arrest Warrant – The offender must be a fugitive from justice.
- Intent to Prevent Lawful Apprehension – The accused must be helping the offender evade the police.
- Punishment & Exception – Spouses are not liable under this section.
Illustrations
Example 1: A Friend Sheltering an Escaped Prisoner
A prisoner escapes from jail, and his friend hides him in his house to protect him from the police. The friend can be punished under Section 253 BNS.
Example 2: A Hotel Owner Giving Shelter to a Fugitive
A man wanted by the police for a serious crime checks into a hotel, and the owner knows about the warrant but does not report it. The hotel owner is liable under this section.
Example 3: A Wife Providing Shelter to Her Husband
If a wife shelters her fugitive husband, she is not punishable under this section due to the exception.
Related Sections in BNS
- Section 249 BNS – Covers general harbouring of offenders.
- Section 250 BNS – Covers taking bribes to shield criminals.
- Section 252 BNS – Covers accepting bribes under false pretenses of recovering stolen property.
Common Questions on Section 253 BNS
1. What is the punishment under Section 253 BNS?
- Up to 7 years imprisonment, along with a fine.
2. Is this a cognizable offence?
- Yes, the police can arrest the accused without prior approval.
3. Can family members be punished under Section 253 BNS?
- Yes, except for a spouse, who is protected under the exception.
4. Is harbouring an offender a serious crime?
- Yes, it is punishable with up to 7 years of imprisonment, making it a serious offence.
Conclusion
Section 253 BNS ensures that fugitives do not evade justice by punishing those who help criminals escape arrest. However, it provides an exception for spouses, recognizing family obligations.
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