Section 253 of the Bharatiya Nyaya Sanhita (BNS), 2023
253 of the Bharatiya Nyaya Sanhita (BNS), 2023 — part of Chapter XIV: False Evidence and Offences Against Public Justice:
📜 Section 253 – Harbouring Escaped Offender or Person Sought by Law
Offence Defined:
If someone convicted or charged with an offence — while in lawful custody — escapes, or if a public servant orders someone’s arrest, then:
Any person who knows about that escape or order, and
Harbours or conceals that person,
With the intention of preventing their arrest or return to custody,
Shall be punished under Section 253 BNS (sudhirrao.com).
⚖️ Punishment Based on Gravity of Underlying Offence
Depending on the severity of the offence for which the offender was in custody or is being sought:
| Underlying Offence Severity | Maximum Imprisonment | Fine |
|---|---|---|
| Death‑punishable | Up to 7 years | Yes |
| Life or ≤10 years | Up to 3 years | Optional |
| >1 year but ≤10 years | Up to ¼ of max term | Optional |
The section contains an Explanation clarifying that even offences committed abroad (triggering extradition) fall under this provision.
Exception: Harbouring by the offender’s own spouse is exempt. (sudhirrao.com, blog.ipleaders.in)
🛡️ Legal Characteristics
Cognizable: Police can arrest without a warrant.
Bailable: Generally a bailable offence.
Triable by: Magistrate’s court, as standard under Chapter XIV offences.
🔎 Why It Matters
Strengthens enforcement: discourages aiding fugitives or obstructing justice.
Supports cross-border accountability through extradition provisions.
Clarifies differentiation of punishment based on offence severity — setting it apart from IPC analogues.
🧭 Statutory Context
Placed after Section 252 (“Penalty for harbouring robbers or dacoits”) and before Section 254 in Chapter XIV
✅ At-a-Glance Summary
Section 253 BNS holds anyone who knowingly shelters or hides a person who has escaped custody, or is being lawfully sought for an offence, liable to imprisonment and possible fine, with severity scaling by the seriousness of the original crime—and exempts the offender’s spouse.
RELATED Blog
0 comments