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CHAPTER VI OF OFFENCES AGAINST THE STATE

Section 130: Aiding escape of, rescuing or harbouring such prisoner

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2[India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.

Footnotes in the official text

  1. 1.Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
  2. 2.The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

130. Aiding escape of, rescuing or harbouring such prisoner.BNS 158

Questions on this section

1 question in 5 of our papers cite Section 130.

Practise questions on Criminal Law