IPC §216 → BNS §253
Harbouring offender who has escaped from custody of whose apprehension has been ordered- if a capital offence; if punishable with imprisonment for life, or with imprisonment
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Comparison
216. Harbouring offender who has escaped from custody or whose apprehension has been ordered.—Whenever any person convicted of a 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, that is to say, if a capital offence.—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 punishable with imprisonment for life, or with imprisonment.—if the offence is punishable with 2[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; and 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. 3[“Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of 4[India], which, if he had been guilty of it in 3[India], would have been punishable as an offence, and for which he is, under any law relating to extradition, 5*** or otherwise, liable to be apprehended or detained in custody in 3[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 3[India].] Exception.—The provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.
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:—
(a) 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;
(b) 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;
(c) 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.
What changedAI-inferred
IPC 216 (harbouring offender who has escaped from custody or whose apprehension has been ordered) is preserved as BNS 253 with one textual change: the Exception's gendered 'wife of the person to be apprehended' is replaced by 'spouse of the person to be apprehended'. The three-tier punishment structure and the extraterritorial Explanation are preserved.
Old position
IPC 216 is concerned with Harbouring offender who has escaped from custody of whose apprehension has been ordered- if a capital offence; if punishable with imprisonment for life, or with imprisonment. Harbouring offender who has escaped from custody or whose apprehension has been ordered
New position
BNS 253 modifies the framework. Topic: Harbouring offender who has escaped from custody or whose apprehension has been ordered. 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
IPC 216 (harbouring offender who has escaped from custody or whose apprehension has been ordered) is preserved as BNS 253 with one textual change: the Exception's gendered 'wife of the person to be apprehended' is replaced by 'spouse of the person to be apprehended'. The three-tier punishment...
Editorial deltaAI-indicated (source-linked)
BNS-253 reproduces the operative content of IPC-216 on harbouring offender who has escaped from custody but reorganises the punishment-or-condition layer into structured (a)/(b) sub-clauses. Punishment levels are preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 216 continues to apply. For matters from that date forward, BNS 253 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 253 (Harbouring offender who has escaped from custody or whose apprehension has been ordered). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §216 → BNS §253 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/216.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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