Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, namely:
- if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
- if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine;
- if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both.
Explanation: “Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India.
Exception: The provision does not extend to the case in which the harbour or concealment is by the spouse of the person to be apprehended.
Simplified Explanation
Section 253 of the Bhartiya Nyaya Sanhita, 2023 deals with the offence of harbouring or concealing a person who has either escaped lawful custody or whose apprehension has been ordered by a public servant.
Key Points:
- Who is liable under this Section?
- A person who knows that someone convicted of or charged with an offence, and who is in lawful custody, has escaped, or that a public servant has ordered the apprehension of someone for an offence, and then harbours or conceals the person with the intention of preventing their apprehension.
- Punishment based on the nature of the offence:
- For severe crimes (punishable with death): The person harbouring or concealing will be punished with imprisonment for up to seven years, along with a fine.
- For crimes punishable with life imprisonment or imprisonment for 10 years: The punishment can be imprisonment for up to three years, with or without a fine.
- For crimes punishable with imprisonment of less than 10 years (but more than one year): The punishment is up to one-fourth of the longest term of imprisonment provided for the offence, or a fine, or both.
- Explanation of “offence”:
- The term “offence” includes acts committed outside India, which, if committed within India, would be punishable. For example, if a person committed an act outside India, which would have led to an offence in India, and is subject to extradition or detention, they would be treated under this provision as if the act was committed in India.
- Exception:
- The section provides an important exception: If the person harbouring or concealing is the spouse of the individual to be apprehended, the provision does not apply to them. This means that a spouse cannot be punished for harbouring their partner who is facing legal action, even if they know of the escape or apprehension order.
Legal Implications:
- This section aims to prevent the protection of individuals who are fleeing justice or evading the law. It serves to penalize those who knowingly assist such individuals in avoiding arrest or custody, thereby maintaining the integrity of the judicial and law enforcement systems.
- The distinction in punishment according to the severity of the underlying offence underscores the seriousness with which harbouring or concealing individuals is treated, with more severe crimes carrying harsher penalties.
In summary, Section 253 serves to penalize those who, aware of an escape from custody or an order for apprehension, conceal or assist the offender in avoiding capture, with the punishment varying depending on the severity of the underlying offence. The section also recognizes international offences and provides an exception for spouses.
