Aiding escape of, rescuing or harbouring such prisoner
Section 158 of the Bharatiya Nyaya Sanhita, 2023 deals with aiding escape of, rescuing or harbouring such prisoner. 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 o The Act came into force on 01 Jul 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 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 India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.
Section 158, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 130 Aiding escape of, rescuing or harbouring such prisoner Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Aiding escape of, rescuing or harbouring such prisoner. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Balwant Singh Khera vs Uoi
Decided under Indian Penal Code 130, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a petitioner alleges that criminal offences have been committed, the proper procedure is to file a First Information Report before the concerned Police Station. A Criminal Writ Petition is not the appropriate forum for raising such allegations, even if the matter involves public interest considerations. The High Court will not entertain criminal writ petitions that should properly be addressed through the regular criminal procedure mechanism.
On this section: Aiding and abetting waging of war against the Government - cited as alleged offence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 158
What have the courts held on Section 158 of the Bharatiya Nyaya Sanhita?
Balwant Singh Khera vs Uoi (23 May 2003) is the leading judgment on this section among those set out below, though it was decided under IPC 130, which this section replaced -- the court never mentioned this Act: Aiding and abetting waging of war against the Government - cited as alleged offence.
Is Section 158 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 158 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 158 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 158, section 158 BNS, section 158 of the Bharatiya Nyaya Sanhita. People searching for it also type 158 bns punishment and bns 147 to 158. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Balwant Singh Khera vs Uoi (23 May 2003).
What should I read with Section 158 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 130 (Aiding escape of, rescuing or harbouring such prisoner), so the judgments decided under that provision are the case law on this one.
When did Section 158 of the Bharatiya Nyaya Sanhita come into force?
Section 158 of the Bharatiya Nyaya Sanhita, cited as BNS 158, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.