Section 130 IPC: Aiding escape of, rescuing or harbouring such prisoner

Indian Penal Code, 1860

Section 130 IPC at a Glance

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

Punishment

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

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

Section 158 →

Section 130 IPC Bare Act Text

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.

Source: Section 130, Indian Penal Code, 1860

Section 130 IPC in Simple Words

Section 130 of the Indian Penal Code (IPC) punishes knowingly aiding or assisting a State prisoner or a prisoner of war to escape from lawful custody, rescuing or attempting to rescue such a prisoner, harbouring or concealing such a prisoner who has escaped, and offering or attempting to offer resistance to the recapture of such a prisoner.

The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and fine.

The offence is cognizable and non-bailable, and it is tried by a Court of Session.

Ingredients of Section 130 IPC

  • The prisoner was a State prisoner or a prisoner of war
  • 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
  • Where the accused aided or assisted the escape, he acted knowingly

Punishment Under Section 130 IPC

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 fine.

Example of Section 130 IPC

In 2019, Vikram, a State prisoner, was permitted to remain at large on parole solely within the municipal limits of Shimla. Knowing the conditions of Vikram's parole, a transporter named Naveen supplied him with a forged identity card and drove him in a fruit truck out of Shimla to Chandigarh, beyond the permitted parole limits, so Vikram could escape lawful custody. Naveen then concealed Vikram in a warehouse in Chandigarh for ten days. Because Naveen knowingly aided a State prisoner in escaping from lawful custody and concealed him afterwards, Naveen is punishable under Section 130 IPC.

When Section 130 IPC Does Not Apply

  • Section 130 IPC does not apply if the person assisted or sheltered is an ordinary detainee and neither a State prisoner nor a prisoner of war.
  • Section 130 IPC does not apply when someone unknowingly gives a lift or shelter to an escaped State prisoner without knowing his status.
  • Section 130 IPC does not apply where a State prisoner on parole travels only inside the territorial limits within which he is permitted to remain at large.
  • Section 130 IPC does not apply when the prisoner was not held in lawful custody and had not escaped from lawful custody.

Section 130 IPC in the BNS

Section 130 IPC is now covered under Section 158 BNS.

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

View detailed comparison (IPC 130 vs BNS 158) →

FAQs on Section 130 IPC

What does Section 130 IPC provide?▼

It punishes knowingly aiding or assisting a State prisoner or a prisoner of war to escape from lawful custody, rescuing or attempting to rescue such a prisoner, harbouring or concealing such a prisoner who has escaped, and resisting or attempting to resist the recapture.

What is the punishment under Section 130 IPC?▼

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

Does Section 130 IPC apply to a public servant only?▼

No. It applies to any person. A public servant who has the custody of the prisoner and lets the prisoner go is dealt with under Section 128 IPC or Section 129 IPC.

Under Section 130 IPC, when is a prisoner on parole said to escape from lawful custody?▼

The Explanation says that a State prisoner or prisoner of war who is permitted to be at large on parole within certain limits in India escapes from lawful custody if he goes beyond those limits.

Is an offence under Section 130 IPC cognizable and bailable?▼

It is cognizable and non-bailable.

Which court tries an offence under Section 130 IPC?▼

A Court of Session.

Can an offence under Section 130 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 130 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 158 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·