Introduction of Section 158 BNS
BNS 158 criminalizes any act of helping a State prisoner or prisoner of war escape from lawful custody. It not only covers direct assistance, like breaking them out of prison, but also indirect actions such as hiding, sheltering, or resisting their recapture. By imposing life imprisonment or up to 10 years in prison plus a fine, this provision safeguards national security and emphasizes that protecting high-risk prisoners is a matter of utmost importance.
The Bharatiya Nyaya Sanhita (BNS) Section 158 replaces the old Indian Penal Code (IPC) Section 130.
- Introduction of Section 158 BNS
- What is BNS Section 158 ?
- BNS 158 in Simple Points
- Section 158 BNS Overview
- BNS 158 Punishment
- BNS 158 bailable or not ?
- Bharatiya Nyaya Sanhita Section 158
- BNS Section 158 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 158 ?
Section 158 of the Bharatiya Nyaya Sanhita makes it illegal to help a State prisoner or prisoner of war escape, hide, or avoid being recaptured. It includes both direct assistance in escaping and offering shelter or protection to an escaped prisoner. Punishment can be life imprisonment or up to 10 years in prison, along with a fine.
Under Section 158 of the bns act 2023
Whoever aids, rescues, harbours, or assists in the escape of a State prisoner or prisoner of war, or resists their lawful recapture, shall be punished with imprisonment for life, or with imprisonment which may extend to ten years, and shall also be liable to fine.
Explanation of BNS Section 158
Section 158 makes it a serious offense to help a State prisoner or prisoner of war escape custody. This includes:
- Aiding → Directly helping in the escape (like providing tools or transport).
- Rescuing → Forcibly freeing a prisoner from police, jail, or during transfer.
- Harbouring → Hiding or sheltering an escaped prisoner.
- Resisting Recapture → Preventing police or authorities from catching an escaped prisoner.
It doesn’t matter if the person planned the escape or helped afterwards – the law treats both as criminal conduct.
Key Elements of Section 158
- Covers State Prisoners & Prisoners of War
- Applies only to those in custody for crimes against the State or war-related prisoners.
- Multiple Ways of Offense
- Escape, rescue, hiding, or resisting arrest – all are punishable.
- Rescue Attempt is Enough
- Even if the prisoner is not freed, attempting to rescue them is a crime.
- Harbouring an Escaped Prisoner
- Giving shelter, food, or protection to a fugitive counts as an offense.
- Resisting Recapture
- Preventing the authorities from re-arresting the fugitive is also covered.
- Punishment
- Life imprisonment, or up to 10 years, plus a fine.
- Cognizable Offense
- Police can arrest without a warrant.
- Non-Bailable
- Bail is not a matter of right; it depends on the court.
- Non-Compoundable
- The case cannot be privately settled.
- Tried by Court of Session
- Only higher courts deal with such serious cases.
Examples of BNS Section 158
Example 1 – Aiding Escape
A person supplies a rope and disguises to a State prisoner, helping him flee jail. Even though the person didn’t plan the whole escape, providing tools is enough to be guilty.
Example 2 – Harbouring
An escaped prisoner of war hides in a friend’s house. The friend gives him food and a safe place. The friend can be charged under Section 158.
Example 3 – Resisting Recapture
Police attempt to catch an escaped State prisoner, but a supporter blocks their way and attacks them. This is resisting recapture under Section 158.
Why BNS Section 158 is Important
- Protects national security by ensuring high-risk prisoners cannot escape justice.
- Extends liability not only to direct escape helpers but also to those who assist afterward.
- Acts as a deterrent by prescribing life imprisonment.
- Ensures public servants and citizens remain accountable in upholding custody of prisoners.
Section 158 BNS Overview
BNS Section 158 of the Bharatiya Nyaya Sanhita deals with helping a State prisoner or prisoner of war escape from legal custody, rescuing them, or hiding them after they have escaped. This section also includes resisting their recapture. The punishment for these actions can be life imprisonment or a term of up to 10 years, along with a fine. It is a serious offense, and the case is handled by a Court of Session.
10 Key Points of BNS Section 158
- Aiding Escape of a Prisoner
Anyone who knowingly helps or assists a State prisoner or prisoner of war escape from lawful custody is committing a crime under BNS Section 158. This includes any kind of direct or indirect support to help the prisoner flee from detention. - Rescuing a Prisoner from Custody
If someone tries to rescue a prisoner, whether successful or not, they are guilty under this section. “Rescuing” means freeing the prisoner from lawful custody, either by force or trickery. - Harbouring or Hiding Escaped Prisoners
Providing shelter, hiding, or concealing a prisoner who has already escaped from lawful custody is considered a crime. Even if the person did not help with the escape, simply hiding the prisoner makes them guilty under this section. - Resistance to Recapture
If someone tries to prevent authorities from re-arresting the escaped prisoner, they are breaking the law. This includes offering physical resistance or interference when officials try to capture the escaped prisoner. - Escape Beyond Parole Limits
If a prisoner, either a State prisoner or a prisoner of war, is on parole (temporarily allowed to be free under certain conditions), and they leave the area they are allowed to move in, they are considered to have escaped from lawful custody. Helping them in such a situation also falls under this section. - Severe Punishment – Imprisonment for Life
The punishment for aiding in the escape or rescuing a prisoner can be as serious as life imprisonment. This applies to those who commit major offenses under this section, such as helping high-profile State prisoners or prisoners of war escape. - Lesser Punishment – Imprisonment up to 10 Years
In cases where the crime is considered less severe, the offender may be punished with imprisonment for a term that can extend up to 10 years, depending on the specific circumstances of the case. - Monetary Fine
Along with imprisonment, the person who is found guilty will also be liable to pay a fine. The court will decide the amount based on the severity of the offense and the circumstances. - Cognizable Offense
BNS Section 158 is classified as a cognizable offense, meaning that the police have the authority to arrest the person without a warrant if they are suspected of committing the crime. This shows the seriousness of the offense. - Non-Bailable Offense
This offense is non-bailable, meaning the accused person cannot easily get bail and may have to stay in jail until the trial is over. The seriousness of the crime makes it harder for the accused to be released on bail.
2 Examples of BNS Section 158
- Example 1: Aiding a Prisoner to Escape Suppose a person named “A” helps a State prisoner secretly escape from a high-security prison by providing tools or instructions. After the prisoner escapes, “A” offers them shelter and tries to stop police from catching the prisoner again. Under BNS Section 158, “A” would be guilty of aiding in the prisoner’s escape and could face life imprisonment or a term of up to 10 years in prison, along with a fine.
- Example 2: Resisting Recapture A prisoner of war, “B”, escapes from custody, and “C”, knowing that “B” has escaped, hides them in their house. When the police come to arrest “B”, “C” physically resists and does not allow the police to enter. Under this section, “C” would be guilty of helping the prisoner and trying to stop their recapture, making them liable for severe punishment under BNS 158.
BNS 158 Punishment
Imprisonment:
The guilty person can be punished with life imprisonment or imprisonment for up to 10 years.
Fine:
Besides imprisonment, the person will also have to pay a fine, which will be determined by the court.
BNS 158 bailable or not ?
BNS Section 158 is non-bailable, meaning it is difficult for the accused to get bail before their trial begins.
Comparison Table (BNS Section 158 vs IPC Section 130)
| Aspect | BNS Section 158 | IPC Section 130 (Old Law) |
|---|---|---|
| Offense | Aiding escape, rescuing, harbouring, or resisting recapture of a State prisoner or prisoner of war | Aiding escape, rescuing, or harbouring a State prisoner or prisoner of war |
| Scope | Covers escape, rescue, sheltering, and resisting recapture | Mainly focused on aiding or rescuing escapes |
| Punishment | Life imprisonment or imprisonment up to 10 years, plus fine | Life imprisonment or imprisonment up to 10 years, plus fine |
| Nature of Offense | Cognizable, Non-bailable, Non-compoundable | Cognizable, Non-bailable, Non-compoundable |
| Trial Court | Court of Session | Court of Session |
| Key Difference | BNS explicitly adds resisting lawful recapture as punishable conduct | IPC provision less detailed, did not expressly cover resisting recapture |
BNS Section 158 FAQs
What does BNS Section 158 cover?
It covers helping a State prisoner or prisoner of war escape, rescuing them, hiding them, or resisting their recapture.
Is BNS Section 158 a bailable offense?
No, it is non-bailable, meaning it is difficult to get bail.
What is meant by “escaping lawful custody”?
It means a prisoner has left a place where they were legally required to stay, such as a jail or detention center.
Conclusion
Section 158 of the BNS makes it clear that aiding the escape of State prisoners or prisoners of war is not just a crime but a threat to national security. Whether someone helps directly, shelters the fugitive, or resists lawful recapture, they are held equally accountable. By prescribing life imprisonment in the most serious cases, the law acts as a strong deterrent against such acts. This provision ensures that India’s justice system, sovereignty, and internal security remain uncompromised, while also strengthening accountability for anyone who tries to undermine lawful custody.
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