Public servant voluntarily allowing prisoner of State or war to escape

What this section does

This section applies exclusively to public servants who have custody of a State prisoner or prisoner of war and who voluntarily allow such a prisoner to escape from confinement. The voluntary nature of the act distinguishes it from the negligence-based offence in section 157. The punishment is severe, extending to life imprisonment.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Imprisonment for life, or imprisonment of either description for a term which may extend to 10 years, and also liable to fine.

Triable by

Sessions Court

Cognizable

Yes

Bailable

No

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused is a public servant
2. The accused had custody of a State prisoner or prisoner of war
3. The prisoner was confined in a place of confinement
4. The accused voluntarily allowed the prisoner to escape from that place

Derived from IPC s.128.