Section 253 BNS – Section 253 of New Bharatiya Nyaya Sanhita

Section 253 of the Bharatiya Nyaya Sanhita (BNS), enacted in 2023, addresses the crime of harbouring an offender who has escaped from lawful custody or whose apprehension has been ordered by a public servant. This section is part of Chapter XIV, which deals with false evidence and offences against public justice.

Key Provisions of Section 253 BNS

Definition

The section specifies that:

• If a person who is convicted of or charged with an offence escapes from lawful custody, or if a public servant orders the apprehension of a person for an offence, anyone who knowingly harbours or conceals that person to prevent their apprehension is committing an offence.

Punishments

The penalties for harbouring an offender vary based on the severity of the original offence:

1. Death Penalty Offence: If the offence for which the person was in custody is punishable by death, the harbourer may face imprisonment for up to seven years and a fine.
2. Life Imprisonment or Ten Years: If the original offence carries a punishment of life imprisonment or up to ten years, the harbourer can be imprisoned for up to three years, with or without a fine.
3. Imprisonment up to Ten Years: For offences punishable by imprisonment between one and ten years, the punishment can be up to one-fourth of the longest term prescribed for that offence, or a fine, or both.

Explanation and Exception

• The term “offence” includes acts committed outside India that would be punishable if committed within India.
• An important exception exists: the provisions do not apply if the harbouring is done by the spouse of the person to be apprehended.

This section replaces similar provisions found in Section 216 of the Indian Penal Code (IPC), reflecting a shift in legal terminology and structure under the new BNS framework.