Code
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 1 [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 2 [India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
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.
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.
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.
