Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 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 following manner:
- (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: The term offence in this section also includes any act or omission committed outside India, which, if committed in India, would have been punishable as an offence. Such acts or omissions are treated as punishable under this section if the person is liable to be apprehended or detained under any law related to extradition or otherwise.
Exception: This section does not apply to cases where the harbouring or concealment is done by the spouse of the person to be apprehended.
Brief Detail
BNS Section 253 specifies the penalties for harbouring or concealing an offender who has either escaped from lawful custody or whose apprehension has been ordered by a public servant. The punishment varies based on the gravity of the offence for which the offender is being sought.
Question & Answers
Q1: What is the punishment for harbouring an offender who has escaped custody?
A1: The punishment under Section 253 depends on the seriousness of the offence. If the offence is punishable with death, the person harbouring the offender may face up to seven years of imprisonment and a fine. If the offence is punishable with life imprisonment or up to ten years, the harbourer could face up to three years of imprisonment and possibly a fine. For less severe offences, the penalty may be a fraction of the maximum imprisonment term for the original offence, along with a possible fine.
Q2: Does this section apply to offences committed outside India?
A2: Yes, the explanation to Section 253 clarifies that the term offence includes acts or omissions committed outside India that would have been punishable if committed in India.
Example
Example Scenario:
If A knows that B, who has been convicted of a serious crime punishable by death, escapes from custody, and A hides B to prevent his re-arrest, A can be punished with imprisonment of up to seven years and a fine under Section 253.
Summary
BNS Section 253 imposes penalties on individuals who knowingly harbour or conceal an offender who has escaped custody or whose apprehension has been ordered. The punishment depends on the severity of the offence, with harsher penalties for more serious crimes. The section also extends to offences committed outside India but deemed punishable under Indian law. However, spouses of offenders are exempt from punishment under this section.
