Section 158 BNS: Aiding escape of, rescuing or harbouring such prisoner

Bharatiya Nyaya Sanhita, 2023

Section 158 BNS at a Glance

Section 158 BNS deals with aiding escape of, rescuing or harbouring such prisoner. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 130 IPC on 1 July 2024.

Punishment

Imprisonment for life, or imprisonment of either description for up to ten years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
IPC Equivalent

Section 130 →

Section 158 BNS Bare Act Text

158. 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.

Source: Section 158, Bharatiya Nyaya Sanhita, 2023

Section 158 BNS in Simple Words

Section 158 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with conduct that knowingly helps a State prisoner or a prisoner of war escape from lawful custody, rescues or attempts to rescue such a prisoner, harbours or conceals such a prisoner who has escaped, or resists or attempts to resist their recapture. Under the Explanation, a State prisoner or prisoner of war permitted to be at large on parole within certain limits in India is said to escape from lawful custody if they go beyond those limits.

This provision applies to any person, whether a civilian or an official, who engages in these acts concerning a State prisoner or a prisoner of war. A friend, relative, driver, or any other person can come within its scope if they aid the escape, rescue, harbour the escaped prisoner, or resist recapture.

Because State prisoners and prisoners of war directly implicate national security and sovereign authority, the law treats any assistance in their escape or concealment as a grave offence punishable with imprisonment for life or imprisonment of either description up to ten years, and liability to fine.

Ingredients of Section 158 BNS

  • State prisoner or prisoner of war
  • Aiding or assisting the escape, rescuing or attempting to rescue, harbouring or concealing after escape, or resisting the recapture
  • Knowledge, where the charge is aiding or assisting the escape

Punishment Under Section 158 BNS

Imprisonment

Imprisonment for life, or imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Aiding the escape of, rescuing or harbouring a State prisoner or prisoner of war carries imprisonment for life, or up to ten years, and liability to fine.

Example of Section 158 BNS

A prisoner of war escapes from a camp and reaches the house of a villager. The villager knows who he is, hides him in the cattle shed for a week and, when soldiers come looking, blocks their way. He is liable under Section 158 BNS both for harbouring the prisoner and for resisting the recapture.

When Section 158 BNS Does Not Apply

  • The person harbouring the prisoner did not know that the prisoner was a State prisoner or a prisoner of war
  • The prisoner was not in lawful custody, or had not escaped from it
  • The prisoner was a State prisoner or a prisoner of war who was permitted to be at large on parole and remained within the permitted limits
  • The person helped a prisoner who was neither a State prisoner nor a prisoner of war

Section 158 BNS in the IPC (Previous Law)

Section 158 BNS replaces Section 130 IPC from the old criminal code.

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

View IPC Section 130 →

FAQs on Section 158 BNS

Does Section 158 BNS apply if I only gave shelter after the person escaped?▼

Yes, if you harboured or concealed a State prisoner or prisoner of war who has escaped from lawful custody, knowing their status, this section applies. Innocent shelter without knowing that the person is an escaped State prisoner or prisoner of war does not attract this provision.

Under Section 158 BNS, is mere friendship enough to attract liability?▼

No. Friendship alone is not enough. The prosecution must show that you knowingly aided the escape of, rescued, harboured, or resisted the recapture of a State prisoner or prisoner of war.

Can a relative be prosecuted under Section 158 BNS?▼

Yes, a relative can be prosecuted if the facts show knowing help, rescue, or concealment of an escaped State prisoner or prisoner of war. Section 158 BNS gives no exemption for family members.

What is the difference between rescue and harbouring under Section 158 BNS?▼

Rescue means freeing a State prisoner or prisoner of war from lawful custody or attempting to do so. Harbouring means giving shelter or concealment to such a prisoner after they have escaped from lawful custody.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·