IPC 130→BNS 158

IPC 130 to BNS 158: Aiding escape of, rescuing or harbouring such prisoner

Section 130 IPC (1860) replaced by Section 158 BNS (2023)

View IPC Section 130 →View BNS Section 158 →

IPC 130 to BNS 158 at a Glance

Section 130 IPC (Aiding escape of, rescuing or harbouring such prisoner) is now Section 158 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 130 to BNS 158?

Section 130 IPC is now Section 158 BNS, with the same words, the same Explanation and the same punishment.

IPC 130 vs BNS 158: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section130158
OffenceAiding escape of, rescuing or harbouring such prisonerSame
PunishmentImprisonment for life, or imprisonment of either description for up to ten years.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 130 and BNS 158: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 130, IPC 1860

130. Aiding escape of, rescuing or harbouring such prisoner.—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.
BNS 2023 (in force)

Section 158, BNS 2023

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.

Ingredients: IPC 130 vs BNS 158

Under IPC 130
  1. The prisoner was a State prisoner or a prisoner of war
  2. The accused did one of the following: knowingly aided or assisted the prisoner to escape from lawful custody; rescued or attempted to rescue the prisoner; harboured or concealed the prisoner after the escape; or offered or attempted to offer resistance to the recapture of the prisoner
  3. Where the accused aided or assisted the escape, he acted knowingly
Under BNS 158
  1. State prisoner or prisoner of war
  2. Aiding or assisting the escape, rescuing or attempting to rescue, harbouring or concealing after escape, or resisting the recapture
  3. Knowledge, where the charge is aiding or assisting the escape

What IPC 130 to BNS 158 Means for Pending Cases

For Section 130 IPC (now Section 158 BNS): the offence, the Explanation and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 158 BNS and is framed exactly as before.

FAQs: IPC 130 to BNS 158

What changed when Section 130 IPC became Section 158 BNS?▼

Only the number. Section 158 BNS repeats the words of Section 130 IPC, including the Explanation, and the punishment is the same.

Where does Section 130 IPC sit in the BNS?▼

In Section 158 BNS, the last section of Chapter VII, Of Offences Against the State.

Does Section 130 IPC or Section 158 BNS apply to an act done before 1 July 2024?▼

Section 130 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 130 IPC. Section 158 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·