IPC Section 216 and BNS Section 253: Harbouring an Escaped or Wanted Offender
Section 216 of the Indian Penal Code, 1860 dealt with knowingly hiding a person who had escaped lawful custody or whose arrest had been lawfully ordered. The corresponding current law is Section 253 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Meaning of harbouring under Section 253 BNS
The section applies in either of two situations: a person convicted of or charged with an offence escapes from lawful custody for that offence; or a public servant, acting under lawful powers, orders that a person be apprehended for an offence. Another person who knows of the escape or apprehension order and harbours or conceals the person intending to prevent apprehension may incur criminal liability.
In this context, harbouring or concealment can involve deliberately providing shelter or hiding a person's whereabouts to obstruct a lawful apprehension. The prosecution must prove the necessary knowledge and intention from the circumstances and evidence.
Essential ingredients of the offence
- The person concerned escaped from lawful custody while convicted of or charged with an offence, or was the subject of a lawful apprehension order made by a public servant.
- The accused knew of that escape or apprehension order.
- The accused harboured or concealed the person.
- The act was done with the intention of preventing that person's apprehension.
Punishment under BNS Section 253
| Underlying offence | Punishment for harbouring or concealment |
|---|---|
| Punishable with death | Imprisonment of either description for up to 7 years, and fine. |
| Punishable with imprisonment for life or imprisonment for 10 years | Imprisonment of either description for up to 3 years, with or without fine. |
| Punishable with imprisonment extending to 1 year but not to 10 years | Imprisonment of the description provided for the underlying offence for up to one-fourth of its maximum imprisonment term, or fine, or both. |
The applicable category depends on the statutory punishment for the offence for which the person escaped custody or was ordered to be apprehended. The exact statutory wording and facts should be consulted.
Exception: harbouring by a spouse
The express exception excludes a case in which the harbouring or concealment is by the spouse of the person to be apprehended. This is a specific statutory exception; it should not be assumed to extend automatically to parents, siblings, friends or other relatives.
Explanation: offences and conduct outside India
Section 253 also covers an alleged act or omission outside India which would have constituted an offence if committed in India, where the person is liable under extradition law or otherwise to be apprehended or detained in custody in India. For the purposes of this section, the act or omission is treated as punishable as though it had been committed in India.
Practical illustrations
Concealing an escaped prisoner
A person learns that an accused has escaped from lawful police custody. The person knowingly hides the escapee at a remote property specifically to prevent police from apprehending them. Subject to proof of all ingredients, this may fall within Section 253.
Ordinary contact without intention to obstruct
A person meets an acquaintance without knowing of an escape or lawful apprehension order. Mere contact, without the statutory knowledge and intention, does not by itself establish this offence.
How this differs from ordinary harbouring
IPC Section 212 (corresponding to BNS Section 249) concerns harbouring an offender to screen them from legal punishment. Section 216 IPC / Section 253 BNS specifically concerns a person who has escaped lawful custody or whose apprehension has been lawfully ordered. The provisions have distinct factual requirements.
Frequently asked questions
What is the current BNS equivalent of IPC Section 216?
Section 253 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 216 and addresses harbouring a person who escaped from lawful custody or whose apprehension has been lawfully ordered.
Does simply knowing a wanted person amount to harbouring?
No. The provision requires knowing of the escape or lawful apprehension order and harbouring or concealing the person with intent to prevent apprehension. The facts and evidence matter.
What is the maximum punishment?
Up to seven years of imprisonment and a fine where the underlying offence is punishable with death. Other punishment bands apply according to the underlying offence.
Is a spouse exempt?
The statutory exception excludes harbouring or concealment by the spouse of the person to be apprehended.
Does the provision apply to conduct connected with an offence abroad?
The statutory explanation includes specified acts or omissions abroad where Indian law permits apprehension or detention, including under extradition law.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 - official Act (India Code), Section 253.
- Ministry of Home Affairs - New Criminal Laws.
- Delhi Police Academy - BNS handbook and section text.
This article is general legal information, not advice on a particular case. Verify the statutory text, relevant procedural provisions and any later amendments before relying on it.