BNS 253: Harboring a Person Who Escapes from Custody or Judicial Custody

When a person is arrested by the police and presented in court, and the court sends them to judicial custody (whether in a police station or jail), if such a person escapes from judicial custody, anyone who harbors or hides that person from the police is also considered a criminal. According to the Bharatiya Nyaya Sanhita 2023, there are strict punishments for this offense.

Definition under Section 253 of the Bharatiya Nyaya Sanhita,2023

When a criminal escapes from police or judicial custody, and someone harbors or hides them, a case will be registered against the person harboring or hiding the criminal under Section 253 of the Bharatiya Nyaya Sanhita, 2023, and they will be presented before the court for sentencing.

Note: A spouse harboring their spouse will not be considered a crime.

Provision of punishment under Section 253 of the Bharatiya Nyaya Sanhita, 2023

The offenses under this section are cognizable and bailable, meaning the police can directly register an FIR for this crime. The trial for this offense can be conducted by a First Class Judicial Magistrate, and offenses under this section are not subject to compromise in any form.

Punishment: The punishment and penalties under this section are divided into the following parts:

1. Harboring a person sentenced to death who escapes: Up to seven years of imprisonment or a fine.

2. Harboring or hiding a person sentenced to life imprisonment or up to ten years of imprisonment who escapes: Up to three years of imprisonment and a fine.

3. Harboring or hiding a person sentenced to less than ten years of imprisonment: Up to one-quarter of the maximum punishment for the original offense or a fine.

Disclaimer: This information is provided for educational and awareness purposes only. Please consult an advocate authorized by the Bar Association before taking any legal action.