Legal provisions regarding Aiding escape of, rescuing or harbouring prisoner under section 130 of Indian Penal Code, 1860.
Aiding escape of, rescuing or harbouring such prisoner:
Section 130 of the Indian Penal Code Provides: “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.
Image Source: cswusa.org
ADVERTISEMENTS:
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.”
The term ‘whoever’ in Section 130 is applicable to all persons and the accused need not be a Government servant. Section 130 punishes any person who knowingly aids or assists a State prisoner or prisoner of war to escape from lawful custody or harbours such a prisoner.
ADVERTISEMENTS:
Section 130 of the code stipulates that in order to establish an offence there under, the person aiding or assisting should have knowledge that the person assisted is a State prisoner or prisoner of war. The punishment under this section may extend to imprisonment for life or imprisonment for a term up to 10 years with fine.
The scope of Section 130 of the code is much narrows a Section 129. This section requires that the rescue or assistance be given ‘knowingly’.
An offence under Section 130 is non-cognizable, but warrant may be issued in the first instance. It is non-bailable and non-compoundable, and exclusively triable by the Court of Session.