Section 130 IPC: Aiding Escape, Rescuing, or Harboring Prisoners

1. The Code

Section 130 of the Indian Penal Code states:
“Whoever voluntarily aids any person to escape from any lawful custody, or voluntarily rescues any person from such custody, or voluntarily harbors or conceals any person whom he knows or has reason to believe to have escaped from such custody, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”

2. Explanation

This section criminalizes actions that facilitate the escape or concealment of individuals who are lawfully detained. The act of “aiding escape” encompasses any assistance provided to the prisoner, such as providing tools or information. “Rescuing” refers to the act of forcefully removing the prisoner from custody. “Harboring or concealing” implies providing shelter or hiding the prisoner from authorities.

3. Illustration

• Example 1: A person provides a ladder to a prisoner who is confined in a jail cell, helping him escape.
• Example 2: A group of individuals forcibly breaks into a police van to release a prisoner who is being transported.
• Example 3: An individual knows that a prisoner has escaped from custody and provides him with shelter and food.

4. Common Questions and Answers

Q: What is considered “lawful custody”?

A: Lawful custody refers to the legal detention of a person by authorized authorities, such as police, prison officials, or any other legally appointed custodian.

Q: Does this section apply only to prisoners?

A: The section applies to any person lawfully detained, not just prisoners. It could include individuals arrested for a crime or those detained under a court order.

Q: What is the punishment for violating this section?

A: The punishment can be imprisonment of up to three years, a fine, or both. The severity of the punishment depends on the nature of the offense and the circumstances surrounding it.