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.