Introduction of BNS Section 253
BNS Section 253 of the Bharatiya Nyaya Sanhita deals with the offence of harbouring or helping an offender who has escaped from custody or whose arrest has been ordered by a lawful authority. It penalizes any person who knowingly shelters, hides, or assists such an offender to evade arrest. The section provides graded punishments depending on the severity of the crime committed by the person being sheltered. An exception is carved out for spouses, acknowledging their special relationship. By criminalising such acts, this law strengthens the justice system and ensures offenders cannot escape punishment with outside help.
The Bharatiya Nyaya Sanhita (BNS) Section 253 replaces the old Indian Penal Code (IPC) Section 216.
What is BNS Section 253 ?
BNS Section 253 deals with the crime of harbouring or concealing a person who has escaped from lawful custody or has been ordered to be apprehended by a public servant. This provision seeks to punish individuals who knowingly shelter or protect such persons with the intention of preventing their apprehension. The section outlines different levels of punishment based on the severity of the offence committed by the person being harboured.
Under Section 253 of the bns act 2023
“Whoever harbours or conceals a person who has escaped from lawful custody, or a person whose apprehension has been ordered by a public servant, with the intention of preventing his capture, shall be punished according to the seriousness of the offence committed by the person harboured.
However, this does not apply when the harbourer is the spouse of the offender.”
1. Meaning of BNS Section 253
BNS Section 253 punishes people who knowingly help offenders escape justice by giving them shelter or hiding them after they escape from police custody or when the court/police has ordered their arrest. The idea is simple: if you protect someone who is wanted by law, you are also guilty.
2. Key Ingredients of the Offence
To be liable under Section 253:
- The person harboured must have escaped lawful custody or be ordered to be apprehended.
- The accused must know about the escape/arrest order.
- The accused must intend to prevent the offender’s capture by providing shelter, hiding, or support.
- Exception: Spouses are exempted from liability.
3. Nature of the Offence
- Cognizable → Police can arrest without a warrant.
- Bailable → Accused can seek bail.
- Triable by Magistrate of the First Class → Cases are handled in lower courts with authority to impose imprisonment/fines.
4. Punishment Under BNS Section 253
Punishment depends on the severity of the original crime committed by the person being harboured:
- Section 253(a) → If offence is punishable with death → Up to 7 years imprisonment + fine.
- Section 253(b) → If offence is punishable with life imprisonment or 10 years → Up to 3 years imprisonment + fine.
- Section 253(c) → If offence is punishable with up to 10 years → Imprisonment up to 1/4th of the longest term, or fine, or both.
5. Examples of BNS Section 253
Example 1:
Ravi escapes from prison after being convicted of murder (punishable with death). His brother hides him in their house knowing he is wanted. His brother can be punished with up to 7 years imprisonment.
Example 2:
A person convicted of embezzlement (punishable with 10 years) escapes custody. His friend shelters him in his shop. The friend can face up to 3 years imprisonment and a fine.
Example 3:
A wife hides her husband who escaped after being convicted of robbery. Since she is his spouse, she will not be punished under this section.
6. Importance of BNS Section 253
- Protects the justice system → Ensures criminals cannot run free with outside help.
- Discourages obstruction of law → Deters people from helping offenders evade arrest.
- Balances fairness → Provides an exception for spouses, recognizing emotional and family bonds.
- Supports public safety → Makes sure offenders are caught and justice is delivered.
Section 253 BNS Overview
BNS Section 253 addresses the offence of harbouring or concealing a person who has escaped from lawful custody or whose apprehension has been ordered by a public servant. The section penalizes anyone who, knowing of such an escape or order for arrest, deliberately hides or provides shelter to the person to prevent them from being apprehended. The severity of the punishment is determined based on the crime committed by the person being harboured.
Detailed Explanation of BNS Section 253: 10 Key Points
- Definition of Harbouring an Offender:
- Under BNS Section 253, harbouring an offender refers to knowingly helping a person evade arrest. This could include hiding the person, providing them with a safe place, or assisting them in escaping the law. If a person is aware of someone’s escape or arrest order and deliberately helps them avoid being captured, they are committing an offence.
- Different Punishments Based on Severity of the Offence Committed by the Escaped Person:
- The punishment for harbouring an offender varies depending on the offence the person has committed:
- Death Penalty Offence: If the person was in custody for a crime punishable with death, the punishment for harbouring them can extend to 7 years imprisonment and a fine.
- Life Imprisonment or 10-year Imprisonment Offence: For those accused of crimes punishable with life imprisonment or up to 10 years of imprisonment, the punishment for harbouring is up to 3 years imprisonment and/or a fine.
- Offence Punishable with Up to 10 Years Imprisonment: If the original offence carries a prison sentence of up to 10 years (but not exceeding it), the punishment for harbouring the offender can be up to 1/4th of the longest term of imprisonment or a fine.
- The punishment for harbouring an offender varies depending on the offence the person has committed:
- Exception for Spouses:
- The section does not apply if the person harbouring the offender is the spouse of the person being sought for arrest. This exception recognizes the unique relationship between spouses and the legal protections they have within marriage.
- Explaining the Term ‘Offence’:
- The term “offence” is broad under this section and includes acts committed outside India that, if committed in India, would be punishable as an offence. This also includes acts for which a person may be extradited to India for prosecution. Therefore, even if the crime was committed abroad, the section still applies if the offender is to be detained in India.
- Cognizable Offence:
- BNS Section 253 is a cognizable offence, meaning the police have the authority to arrest without a warrant if they suspect a person is harbouring an offender. Police can take immediate action to investigate and arrest anyone involved.
- Bailable Offence:
- The offence is bailable, meaning a person arrested under this section can apply for bail. The court will assess the situation and decide whether to grant bail to the accused.
- Punishment for Harbouring Death Penalty Offender (Section 253(a)):
- If the person being sheltered is involved in an offence punishable by death, the punishment for harbouring them can be up to 7 years imprisonment and a fine. This is the most severe penalty under this section.
- Punishment for Harbouring Offenders of Serious Crimes (Section 253(b)):
- If the person is involved in a crime punishable by life imprisonment or imprisonment for up to 10 years, the penalty for harbouring them is up to 3 years imprisonment and/or a fine. This reflects the seriousness of concealing a person involved in a grave crime.
- Punishment for Harbouring Offenders with Lesser Offences (Section 253(c)):
- If the person being harboured has committed a lesser offence (punishable with imprisonment for up to 10 years), the punishment for harbouring them can be up to 1/4th of the longest term of imprisonment, a fine, or both. This provides a more lenient punishment depending on the severity of the original offence.
- Trial by Magistrate of the First Class:
- The case will be heard in a Magistrate Court of the First Class. The first class magistrates are responsible for the trial of such offences, and this is where the matter will be legally resolved.
Examples of BNS Section 253
Example 1: A person is convicted of murder (an offence punishable with death) and is in lawful custody. He escapes, and his family member knowingly harbours him to prevent his capture. The family member can be sentenced to up to 7 years imprisonment and may be liable for a fine.
Example 2: A person is charged with embezzlement (an offence punishable with imprisonment for up to 10 years). The accused person manages to escape from custody, and a friend helps him evade arrest by hiding him in their house. In this case, the friend could face up to 3 years imprisonment and/or a fine.
BNS 253 Punishment
The punishment depends on the crime committed by the person who is being harboured:
- Section 253(a): If the person being harboured has escaped from custody for an offence punishable with death, the punishment is:
- Imprisonment up to 7 years and/or a fine.
- Section 253(b): If the person has been ordered to be apprehended for an offence punishable with imprisonment for life or up to 10 years, the punishment is:
- Imprisonment up to 3 years and/or a fine.
- Section 253(c): If the person has committed an offence punishable with imprisonment of up to 1 year (but not exceeding 10 years), the punishment is:
- Imprisonment for up to 1/4th of the longest term provided for the offence, or a fine, or both.
BNS 253 bailable or not ?
Yes, the offence under BNS Section 253 is bailable, which means that if someone is arrested for harbouring an offender, they can apply for bail. The court will decide whether to grant bail based on the circumstances of the case.
Comparison : BNS 253 vs IPC 216
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 253 | Applies to anyone who harbours or helps an offender who has escaped from lawful custody or whose arrest has been ordered by authorities, intending to prevent capture. Spouse exemption applies. |
• If offence punishable with death → Up to 7 years + fine • If life / 10 years offence → Up to 3 years + fine • Lesser offences → ¼ of longest term / fine / both |
Bailable | Cognizable | Magistrate of the First Class |
| IPC Section 216 (Old) | Covered the act of harbouring or concealing a person who had escaped custody or was ordered to be arrested. Recognized the same spousal exception. |
• Death offence → Up to 7 years + fine • Life / 10 years offence → Up to 3 years + fine • Lesser offence → ¼ of maximum term or fine / both |
Bailable | Cognizable | Magistrate of the First Class |
| Key Difference: BNS 253 retains the essence of IPC 216 but clarifies graded punishment and modernizes language. It reinforces accountability for aiding fugitives while keeping the spousal exemption intact. | |||||
BNS Section 253 FAQs
What does harbouring an offender mean under BNS Section 253?
Harbouring an offender refers to knowingly helping a person, who has escaped from custody or is ordered for arrest, to hide or evade capture.
What is the punishment for harbouring a person involved in a crime punishable by death?
If the person being harboured has committed a crime punishable with death, the punishment for harbouring them can extend to 7 years imprisonment and a fine.
Can a spouse be punished under BNS Section 253 for harbouring an offender?
No, the provisions of this section do not apply if the person harbouring the offender is their spouse.
Is harbouring an offender under this section a cognizable offence?
Yes, harbouring an offender under BNS Section 253 is a cognizable offence, meaning the police can arrest without a warrant.
Can someone arrested under this section apply for bail?
Yes, BNS Section 253 is a bailable offence, so the accused can apply for bail.
Who tries cases under BNS Section 253?
Cases under BNS Section 253 are triable by a Magistrate of the first class.
Conclusion
BNS Section 253 plays a crucial role in upholding the rule of law by punishing those who protect or assist escaped offenders. It ensures that criminals face justice and that no one can misuse personal connections or sympathy to obstruct the legal process. With clear punishments based on the seriousness of the original offence, and an exception for spouses, this section balances justice with compassion. Ultimately, it reinforces accountability and safeguards society from offenders trying to escape lawful custody.
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Finished with BNS 253 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 254 : Penalty for harbouring robbers or dacoits.
- https://marriagesolution.in/bns_section/bns-254/
- BNS 255 : Public servant knowingly disobeys the law to protect someone from punishment or to stop property from being taken away (forfeited).
- https://marriagesolution.in/bns_section/bns-255/
- BNS 256 : Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
- https://marriagesolution.in/bns_section/bns-256/
- 257 BNS :Public servant involved in a judicial case makes a report, statement, or decision dishonestly and against the law, it is a crime under this section.
- https://marriagesolution.in/bns_section/257-bns/
- BNS 258 : Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
- https://marriagesolution.in/bns_section/bns-258/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list