Section 130 · Aiding escape of, rescuing or harbouring such prisoner
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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.
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.
The offence at a glance
- Punishment
- Imprisonment for life, up to 10 years, fine (no stated ceiling)
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 130BNS 158
158. Aiding escape of, rescuing or harbouring such prisoner.
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How this section has changed
The law that applies is the law as it stood on the date of the offence — which is why this timeline matters.
- 1955SubstitutedIn force from:
By: Act 26 of 1955
With effect from 1-1-1956.
The text this replaced
transportation for life
The text in force on the date of the offence is the text that applies — a later amendment does not reach back.