BNS Section 157 – Aiding escape of, rescuing or harboring such prisoner.

IPC Section – 129

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

Public Servant Negligently Allowing a Prisoner to Escape


Key Points

1. Duty of the Public Servant:

  • This provision applies to a public servant who has custody of a State prisoner or a prisoner of war.
  • It is the public servant’s duty to ensure that the prisoner does not escape from the place of confinement.

2. Nature of the Offence:

  • The offence occurs when the public servant is negligent in their duty, allowing the prisoner to escape.
  • Unlike intentional misconduct, negligence here means the lack of proper care in preventing the escape.

3. Punishment:

  • The punishment for this offence is simple imprisonment for a term which may extend to three years.
  • Additionally, the offender will be liable to a fine.

Conclusion

This provision underlines the responsibility of public servants in managing the custody of prisoners. Any negligence that results in the escape of a State prisoner or prisoner of war attracts a penalty, emphasizing the need for vigilance and strict adherence to duty.