Section 253 BNS: Harbouring offender who has escaped from custody or whose apprehension has been ordered

Bharatiya Nyaya Sanhita, 2023

Section 253 BNS at a Glance

Section 253 BNS deals with harbouring offender who has escaped from custody or whose apprehension has been ordered. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 216 IPC on 1 July 2024.

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.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 216 →

Section 253 BNS Bare Act Text

253. 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, 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.

Source: Section 253, Bharatiya Nyaya Sanhita, 2023

Section 253 BNS in Simple Words

Section 253 of the Bharatiya Nyaya Sanhita (BNS) applies when a person convicted of or charged with an offence escapes from lawful custody, or when a public servant lawfully orders a person to be apprehended for an offence. Anyone who knows of that escape or order and harbours or conceals the person with the intention of preventing him from being apprehended commits an offence under this section.

The punishment is graded by the seriousness of the underlying offence: up to seven years imprisonment (and liability to fine) if the offence is punishable with death; up to three years imprisonment, with or without fine, if punishable with life imprisonment or imprisonment for ten years; and up to one-fourth of the longest term provided for the offence, or fine, or both, if punishable with imprisonment extending to one year and not to ten years. The section does not apply if the harbouring or concealment is by the spouse of the person to be apprehended.

Ingredients of Section 253 BNS

  • 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

Punishment Under Section 253 BNS

Imprisonment

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.

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.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Harbouring an escaped offender or one ordered to be apprehended carries imprisonment for up to seven years and liability to fine for capital offences, up to three years for offences punishable with life or ten years, and up to one-fourth of the maximum term for other offences.

Example of Section 253 BNS

Farhan is in lawful custody after being charged with a robbery punishable with imprisonment for ten years. While being transported to court in Gwalior, Farhan escapes. Dinesh knows that Farhan has escaped from lawful custody and intentionally conceals him in his locked outhouse to prevent the police from apprehending him. Dinesh is not married to Farhan. Dinesh is liable under Section 253 BNS.

When Section 253 BNS Does Not Apply

  • The person sheltered had not escaped from lawful custody for an offence and no public servant had ordered his apprehension for an offence
  • The accused did not know of the escape or the order for apprehension
  • The accused did not harbour or conceal the person, or did not act with the intention of preventing him from being apprehended
  • The harbour or concealment was by the spouse of the person to be apprehended

Section 253 BNS in the IPC (Previous Law)

Section 253 BNS replaces Section 216 IPC from the old criminal code.

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.

View IPC Section 216 →

FAQs on Section 253 BNS

What does Section 253 BNS punish?▼

Section 253 BNS punishes harbouring or concealing a person who has escaped from lawful custody, or a person whose apprehension has been ordered by a public servant, when you know about the escape or order and intend to prevent that person from being caught. It applies only if there is knowledge and an intention to stop apprehension.

What has to be proved for a case under Section 253 BNS?▼

It must be shown that the person had either escaped from lawful custody for an offence or was ordered to be apprehended for an offence by a public servant acting lawfully. It must also be shown that the accused knew of that escape or order, harboured or concealed the person, and did so with the intention of preventing apprehension.

Is Section 253 BNS bailable?▼

Yes. This is a bailable offence, which means bail can be claimed as a matter of right. The accused is normally released on furnishing bail, subject to the usual conditions the court or police may impose.

What is the punishment under Section 253 BNS?▼

The punishment depends on the offence for which the escaped person was in custody or was ordered to be apprehended. If that offence is punishable with death, punishment may extend to seven years and liability to fine; if punishable with life imprisonment or imprisonment for ten years, punishment may extend to three years, with or without fine; in other covered cases, punishment may extend to one-fourth of the longest imprisonment provided for that offence, or fine, or both.

Can a spouse be punished under Section 253 BNS for hiding their husband or wife?▼

No, the section itself creates an exception for a spouse. If the harbouring or concealment is by the spouse of the person to be apprehended, Section 253 BNS does not apply.

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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 ·