MarriageSolution.in: Reliable Legal Partner

Introduction of BNS Section 253

BNS Section 253 defines the offence of harbouring or concealing a person who has escaped from lawful custody or has been ordered to be apprehended by a public servant. This section addresses the importance of not obstructing justice by helping offenders evade capture. The section specifies varying punishments depending on the severity of the crime committed by the person being harboured and provides exceptions for spouses.


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.


BNS 253 in Simple Points

  1. Harbouring an Escaped Person:
    • If a person in lawful custody escapes or if a public servant orders someone’s arrest, and an individual knowingly helps that person evade arrest, they will be guilty under this section. This includes both hiding the person and providing any form of assistance to prevent their apprehension.
  2. Punishment Based on the Offence Committed by the Escaped Person:
    • The punishment for harbouring an offender depends on the severity of the original offence the person was charged with. The punishment can vary from imprisonment for a term extending to 7 years (if the offence was punishable with death) to 3 years (for serious offences) and can include a fine.
  3. Exceptions for Spouses:
    • There is an exception to this rule: if the person harbouring or concealing the offender is the spouse of the person to be apprehended, they are not liable under this section. This recognizes the special legal relationship between spouses.
  4. Explanation of “Offence”:
    • The section also explains the term “offence” to include acts committed outside India that would be punishable as offences if committed in India. These offences, when committed outside India, are still covered by this provision if the person is to be apprehended under any law relating to extradition.
  5. Classification of the Offence:
    • The offence of harbouring an offender under this section is cognizable (police can arrest without a warrant), bailable (the accused can apply for bail), and triable by a Magistrate of the first class. This means that cases involving this offence are heard by a lower court and the accused has the option to apply for bail.

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

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


Bharatiya Nyaya Sanhita Section 253

BNS SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
253(a)Harbouring an offender whose offence is punishable with death.Imprisonment up to 7 years and fine.BailableCognizableMagistrate of the first class
253(b)Harbouring an offender whose offence is punishable with life/10 years.Imprisonment up to 3 years and fine.BailableCognizableMagistrate of the first class
253(c)Harbouring an offender whose offence is punishable with up to 10 years imprisonment.Imprisonment for up to 1/4th of the longest term or fine, or both.BailableCognizableMagistrate of the first class
Bharatiya Nyaya Sanhita Section 253

BNS Section 253 FAQs

What does harbouring an offender mean under BNS Section 253?

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?

Is harbouring an offender under this section a cognizable offence?

Can someone arrested under this section apply for bail?

Who tries cases under BNS Section 253?


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