Bharatiya Nyaya Sanhita, 2023
Section 253
Harbouring offender who has escaped from custody or whose apprehension has been
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.
Why this exists
This provision, earlier Section 216 of the Indian Penal Code, 1860, punishes helping an escaped prisoner or a person under a lawful arrest order stay hidden from the authorities, recognizing that such sheltering directly undermines the enforcement of custody and arrest orders. As with the general harbouring provision, it carves out spouses from liability.
Common misconceptions
- Myth: Helping any relative avoid arrest is protected by law, not just a spouse.
Fact: The spousal exception is narrow - it applies only to husbands and wives, not to other relatives like cousins, siblings, or parents, who can still be prosecuted for sheltering an escapee.