IPC 216 to BNS 253: Harbouring offender who has escaped from custody or whose apprehension has been ordered
Section 216 IPC (1860) replaced by Section 253 BNS (2023)
IPC 216 to BNS 253 at a Glance
Section 216 IPC (Harbouring offender who has escaped from custody or whose apprehension has been ordered) is now Section 253 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.
What Changed From IPC 216 to BNS 253?
Section 216 IPC is now Section 253 BNS. The BNS structures the punishment tiers into lettered clauses, adds an explicit Explanation heading to the definition of offence, and replaces the words husband or wife in the exception with spouse.
IPC 216 vs BNS 253: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 216 | 253 |
| Offence | Harbouring offender who has escaped from custody or whose apprehension has been ordered | Same |
| Punishment | Imprisonment of either description for up to seven years if the offence is capital; imprisonment of either description for up to three years if the offence is punishable with imprisonment for life or for ten years; and, if the offence is punishable with imprisonment for one year and not ten years, imprisonment of the description provided for that offence for up to one-fourth of its longest term. | Same |
| Fine | Where the offence is capital, the offender is also liable to fine in addition to imprisonment; where it is punishable with imprisonment for life or for ten years, imprisonment is with or without fine. For the lowest tier the court may impose imprisonment, or fine, or both. | Same |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 216 and BNS 253: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 216, IPC 1860
216. Harbouring offender who has escaped from custody or whose apprehension has been ordered.—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, that is to say,—
if a capital offence.—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;
if punishable with imprisonment for life, or with imprisonment.—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;
and 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.
“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 provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
BNS 2023 (in force)
Section 253, BNS 2023
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.
Ingredients: IPC 216 vs BNS 253
Under IPC 216
- A person convicted of or charged with an offence escaped from lawful custody, or a public servant in the exercise of lawful powers ordered a person to be apprehended for an offence
- The accused knew of such escape or order for apprehension
- The accused harboured or concealed that person with the intention of preventing him from being apprehended
- The harbour or concealment was not by the husband or wife of the person to be apprehended
Under BNS 253
- Escape from lawful custody by a person convicted of or charged with an offence, or an order of apprehension by a public servant for an offence
- Knowledge of the escape or order for apprehension by the accused
- Harbouring or concealing that person with the intention of preventing apprehension
- The act not being harbouring or concealment by the spouse of the person to be apprehended
What IPC 216 to BNS 253 Means for Pending Cases
For Section 216 IPC (now Section 253 BNS): the core offence and punishment tiers are unchanged, though the exception now refers to spouse rather than husband or wife, and charges for acts done after the BNS came into force cite Section 253 BNS.
FAQs: IPC 216 to BNS 253
What changed when Section 216 IPC became Section 253 BNS?▼
Section 253 BNS reorganises the three punishment tiers into lettered clauses, explicitly labels the definition paragraph as Explanation, and replaces husband or wife in the exception with the gender-neutral term spouse. The penalties remain unchanged.
Where does Section 216 IPC sit in the BNS?▼
In Section 253 BNS, in Chapter XIV, Of False Evidence and Offences Against Public Justice.
Does Section 216 IPC or Section 253 BNS apply to an act done before 1 July 2024?▼
Section 216 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 216 IPC. Section 253 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 ·