Public servant negligently suffering such prisoner to escape

What this section does

This section punishes a public servant who has custody of a State prisoner or prisoner of war and negligently (as opposed to voluntarily) allows such prisoner to escape from confinement. The lesser mental element of negligence attracts a significantly lower punishment than the voluntary escape under section 156. Only simple imprisonment is prescribed.

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

Quick reference

Punishment

Simple imprisonment for a term which may extend to 3 years, and also liable to fine.

Triable by

Magistrate of First Class

Cognizable

Yes

Bailable

Yes

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 negligently suffered the prisoner to escape from that place

Derived from IPC s.129.