A, a State prisoner escapes from jail. He is arrested from a place where he was given shelter and food by B, his wife. Is B liable to be prosecuted?

Question: A, a State prisoner escapes from jail. He is arrested from a place where he was given shelter and food by B, his wife. Is B liable to be prosecuted? [R.J.S. (1980-81)]

Find the answer to the mains question only on Legal Bites. [A, a State prisoner escapes from jail. He is arrested from a place where he was given shelter and food by B, his wife. Is B liable to be prosecuted?]

Answer

Section 130 talks about provisions for aiding the escape of, rescuing or harbouring such prisoners.

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.

Section 130 prisoner of war to escape from lawful custody or harbours such a prisoner. It stipulates that in order to establish an offence thereunder, the person aiding or assisting should have knowledge that the person assisting 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 a fine.

Further, section 52A, IPC provides a definition of “Harbour” and states except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured. Meaning thereby, usually, a person who conceals or harbours an accused is liable to be arrested. But a spouse is not liable for harbouring the opposite spouse who is an accused otherwise than under sections 157 and 130 IPC. So, section 130 IPC is an exception to the definition.

Therefore, in the present case when A, a State prisoner escapes from jail and is arrested from a place where he was given shelter and food by B, his wife, B is liable to be prosecuted under section 130, IPC.

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