IPC Section 128 and BNS Section 156: Public Servant Allowing a State Prisoner or Prisoner of War to Escape
Section 128 of the Indian Penal Code, 1860 addressed a public servant who voluntarily allowed a State prisoner or prisoner of war in that servant's custody to escape. The corresponding current provision is Section 156 of the Bharatiya Nyaya Sanhita, 2023.
What does Section 156 BNS provide?
Section 156 of the Bharatiya Nyaya Sanhita, 2023, titled Public servant voluntarily allowing prisoner of State or war to escape, provides:
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The earlier Section 128 IPC contained substantially the same operative provision. See the official BNS text (India Code) and the Bureau of Police Research and Development comparison text.
Essential ingredients of the offence
- Public servant: The accused must be a public servant within the meaning of the applicable criminal law.
- Custody: That public servant must have custody of a State prisoner or prisoner of war.
- Confinement: The prisoner must be confined in a place from which escape occurs.
- Voluntary permission: The public servant must voluntarily allow the prisoner to escape. An accidental or merely negligent lapse is not, by itself, the voluntary conduct described in this provision.
Meaning of key legal terms
Public servant
A person falling within the statutory definition of a public servant under the applicable law. Whether a particular official is covered depends on the statutory definition and facts, not merely the person's job title.
State prisoner and prisoner of war
A State prisoner is a person detained in a legally recognised State-prisoner capacity; a prisoner of war is a person held in that status in connection with armed conflict. These are specific categories and should not be confused with every ordinary criminal prisoner.
Voluntarily allowing escape
The provision addresses intentional or voluntary facilitation or permission by the custodial public servant. The evidence must establish the necessary conduct and mental element. Mere occurrence of an escape does not automatically establish this offence.
Punishment and procedural classification
| Issue | Position under BNS Section 156 |
|---|---|
| Maximum punishment | Imprisonment for life, or imprisonment of either description for a term up to ten years |
| Fine | Also liable to fine |
| Cognizable | Yes |
| Bail classification | Non-bailable |
| Court competent to try | Court of Session |
The procedural classification is drawn from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), as reproduced by the National Crime Records Bureau. Non-bailable does not mean that bail is legally impossible; it means bail is not available as an automatic right under the ordinary bailable-offence rule.
IPC Section 128 compared with BNS Section 156
| Feature | IPC Section 128 | BNS Section 156 |
|---|---|---|
| Legislation | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Subject | Public servant voluntarily allowing State prisoner or prisoner of war to escape | Same subject |
| Punishment | Life imprisonment or imprisonment up to ten years, and fine | Life imprisonment or imprisonment up to ten years, and fine |
| Temporal relevance | Generally relevant to offences before 1 July 2024, subject to savings | Applicable from 1 July 2024 |
Difference from related offences
BNS Section 157 (earlier IPC Section 129) concerns a public servant negligently suffering such a prisoner to escape. It carries simple imprisonment up to three years and fine. BNS Section 158 (earlier IPC Section 130) concerns knowingly aiding escape, rescue, harbouring or specified resistance to recapture. The facts and required mental elements distinguish these offences.
Frequently asked questions
What is the new BNS section corresponding to IPC Section 128?
Section 156 of the Bharatiya Nyaya Sanhita, 2023.
Can a public servant face life imprisonment for allowing a prisoner of war to escape?
Yes. BNS Section 156 prescribes imprisonment for life, or imprisonment of either description for up to ten years, and liability to fine.
Is BNS Section 156 bailable?
No. The First Schedule to the BNSS classifies the offence as cognizable and non-bailable, triable by a Court of Session.
Does a negligent escape amount to BNS Section 156?
Not merely because an escape occurred through negligence. BNS Section 157 separately addresses negligent escape from custody. The correct charge depends on evidence and the statutory elements.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - official Act text (India Code)
- BNSS First Schedule - NCRB, Ministry of Home Affairs
- BNS provisions with corresponding IPC references - BPR&D
Updated: 29 October 2026. This article provides general legal information; the applicable statutory text, procedural law and facts of each case govern.