Section 130 IPC criminalises 'aiding the escape of, rescuing or harbouring such prisoner' — referring to:
Aany prisoner held in any State or Union Territory under the Prisons Act, 1894
Bonly those prisoners under sentence of death pronounced by a Sessions Court
Ca State prisoner or prisoner of war who is in lawful custody at the time of the act
Dany person in police custody under Section 167 of the CrPC, 1973, not yet remanded
Answer & Solution
Correct answer: C. a State prisoner or prisoner of war who is in lawful custody at the time of the act
1. Sections 128, 129 and 130 IPC deal specifically with public servants voluntarily allowing prisoners of State or war to escape (S. 128), negligently doing so (S. 129), and aiding the escape, rescuing or harbouring such prisoner (S. 130).
2. The reference to 'such prisoner' in S. 130 takes its meaning from Ss. 128-129, viz. 'a State prisoner or prisoner of war'.
3. The provision is rarely invoked but remains on the books.
4. Maximum punishment under Section 130 is life imprisonment, or up to 10 years imprisonment and fine.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — IPC, Section 130 (read with Sections 128-129)_
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