MarriageSolution.in: Reliable Legal Partner


Introduction of Section 158 BNS

158 BNS focuses on people who help a State prisoner or prisoner of war escape from custody. It covers various acts like assisting in the escape, rescuing the prisoner, hiding the prisoner after their escape, or resisting their recapture. Anyone found guilty of these actions can face severe punishments, including imprisonment for life.


The Bharatiya Nyaya Sanhita (BNS) Section 158 replaces the old Indian Penal Code (IPC) Section 130.



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.


Illegal to assist prisoner escape under BNS 158
BNS 158 prohibits aiding prisoner escape or hiding

BNS 158 in Simple Points

  1. Helping or Assisting in Escape This section applies to anyone who knowingly helps a State prisoner or prisoner of war escape from lawful custody. It doesn’t matter if the person directly plans the escape or provides indirect support, like giving the prisoner information or resources. The law is strict on such actions to maintain security.
  2. Rescuing or Attempting to Rescue a Prisoner If someone tries to rescue a prisoner who is in custody, even if the rescue attempt fails, they are guilty under this section. The law does not just cover successful escapes but also attempts to rescue a prisoner by force, trickery, or other means. This includes physically removing the prisoner from custody or attacking the authorities.
  3. Hiding or Sheltering an Escaped Prisoner When a person offers shelter or hides a prisoner who has already escaped, it is also a crime under this section. The person may not have been involved in the escape, but if they help the prisoner by providing a place to hide, food, or other assistance, they are equally guilty. Hiding an escaped prisoner puts the individual at risk of severe punishment.
  4. Punishment: Imprisonment for Life or Up to 10 Years The law is very strict on such actions, and the punishment can be life imprisonment or up to 10 years in jail, depending on the seriousness of the crime. The guilty person may also be fined, which the court will determine based on the case. The severe penalties ensure that people think twice before helping a prisoner escape.
  5. Non-Bailable and Cognizable Offense The offense is non-bailable, meaning that the person accused of helping or sheltering a prisoner will have difficulty getting bail. It is also cognizable, meaning the police can arrest the person without a warrant if they suspect involvement in the crime. This makes the process of investigation and punishment quicker.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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.


Life imprisonment and fines for BNS 158 violations
BNS 158 imposes life imprisonment or up to 10 years

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.


Bharatiya Nyaya Sanhita Section 158

SectionOffensePunishmentCognizable/Non-cognizableBailable/Non-bailableTriable by
BNS Section 158Aiding escape, rescuing, or harbouring a prisonerLife imprisonment or up to 10 years in prison and a fineCognizableNon-bailableCourt of Session
Bharatiya Nyaya Sanhita Section 158

BNS Section 158 FAQs

What does BNS Section 158 cover?

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”?


Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.


Armed Forces Special Powers Act (AFSPA) in India.

AFSPA Act

KanhaiyyapahaneJul 18, 202415 min read

AFSPA act mean Armed Forces Special Powers Act (AFSPA) grants special powers to the Indian Armed Forces in areas classified as “disturbed” due to significant insurgency or internal disturbances.

Symbolic representation of the Right to Information Act with legal documents and scales of justice.

Right to Information RTI act :Your Comprehensive Guide (Part 1)

KanhaiyyapahaneMar 9, 20246 min read

Explore the essence of the Right to Information (RTI) Act through this symbolic image. The image features legal documents, emphasizing the importance of transparency and accountability in governance. The scales of justice represent the balance achieved through the citizens’ right…

special status under Article 371 of the Indian Constitution.

What is Article 371 of Indian Constitution ?

KanhaiyyapahaneMar 8, 202410 min read

Article 371 of the Indian Constitution grants special provisions to specific states and regions within India, addressing their unique historical, social, and cultural circumstances. These provisions aim to accommodate diverse needs and protect cultural identities within the constitutional framework.

"Indian Labour Law" with factory workers in the background.

Indian Labour law : Your Comprehensive Guide (Part 1)

KanhaiyyapahaneMar 8, 202416 min read

The purpose of labour laws is to safeguard employees and guarantee equitable treatment at the workplace, encompassing aspects such as remuneration, security, and perks. These regulations establish a secure ambiance by imposing minimum wage requirements, ensuring factory safety measures are…

: A colorful infographic with icons representing different aspects of GST, like a shopping cart (goods), a service person (services), a rupee symbol (tax), and a puzzle piece (unified system).

GST :Your Comprehensive Guide (Part 1 – Understanding the Basics)

Amol KanicheMar 7, 202415 min read

The Goods and Services Tax (GST) is like a big change in how we pay taxes in India. It started on July 1, 2017, and it’s here to simplify things. Before GST, we had many different taxes, and it could…

Leave a Reply

Your email address will not be published. Required fields are marked *

Optimized by Optimole