BNS Section 156 – Public servant voluntarily allowing prisoner of state or war to escape

IPC Section – 128

Cognizable offence
punishable with imprisonment for life, or
imprisonment which may extend to ten years and with
fine.

Offence by a Public Servant:

• This law specifically addresses public servants who are entrusted with the custody of a State prisoner or a prisoner of war.
• If the public servant voluntarily allows such a prisoner to escape from the place where they are confined, it is considered an offence.

Punishment:

• The public servant found guilty of this offence will face imprisonment for life, or imprisonment for a term which may extend to ten years.
• In addition to imprisonment, the convicted public servant will also be liable to a fine.

Public Servant Voluntarily Allowing Prisoner of State or War to Escape (BNS-156)

1. What is the Offence?

This law criminalizes the act of a public servant voluntarily allowing a prisoner of state or war to escape from custody.

• Voluntary Action: The escape must result from the public servant’s deliberate or intentional action, not from negligence or accident.

2. Key Elements of the Offence

• Public Servant: Applies to individuals in official custody roles, such as jailors, police officers, or military personnel.
• Types of Prisoners:
  1. State Prisoners: Individuals held under state custody, possibly for political reasons or offences against the state.
  2. Prisoners of War: Captured combatants held during times of war.
• Voluntary Allowing Escape: The public servant must intentionally facilitate the escape.

3. Punishment

• Imprisonment for life, or
• Imprisonment for up to 10 years, and
• Fine.

4. Type of Offence

• Cognizable: Police can arrest without a warrant.
• Non-bailable: The accused cannot claim bail as a right.
• Court: The case will be tried by the Court of Session.

5. Purpose of the Law

• The law aims to hold public servants accountable for maintaining the integrity of the legal and security framework.
• It ensures strict penalties for those who intentionally allow prisoners to escape, especially during sensitive situations like war.

Summary of the Offence