IPC Section 129 and BNS Section 157: Public Servant Negligently Allowing a State Prisoner or Prisoner of War to Escape
Section 129 of the Indian Penal Code, 1860 dealt with a public servant who negligently permitted a State prisoner or prisoner of war in the public servant's custody to escape. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 157.
Text of Section 129 of the Indian Penal Code, 1860
Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
Section 157 of the Bharatiya Nyaya Sanhita, 2023
Heading: Public servant negligently suffering such prisoner to escape.
The provision applies where a public servant who has custody of a State prisoner or prisoner of war negligently allows that prisoner to escape from confinement. It prescribes simple imprisonment for a term extending up to three years and liability to a fine. The statutory wording is materially the same as former IPC Section 129.
Read the official BNS text on India Code, particularly Section 157.
Essential ingredients of the offence
- Public servant: The accused must be a public servant within the applicable statutory definition.
- Custody: The public servant must have custody of a State prisoner or prisoner of war.
- Escape from confinement: The prisoner must escape from the place where the prisoner was confined.
- Negligence: The escape must be attributable to negligent conduct or omission by the public servant, rather than merely to the fact that an escape occurred.
Meaning of important legal terms
Public servant
A person falling within the categories specified in the applicable penal statute's definition of public servant. Holding a government-related position alone does not resolve every question of statutory status.
State prisoner and prisoner of war
These are distinct categories of persons held in custody on grounds relating to the State or armed conflict. Section 157 specifically concerns these prisoners, not every person held in an ordinary criminal case.
Negligently suffers to escape
A failure to exercise the care required of the responsible custodian that permits an escape. Whether negligence is established depends on the custodial duty, facts, safeguards, and evidence.
Punishment and procedural classification
| Issue | Position under BNS Section 157 |
|---|---|
| Maximum imprisonment | Simple imprisonment up to three years |
| Fine | Also liable to fine |
| Cognizable | Yes |
| Bailable | Yes |
| Trial court | Magistrate of the First Class |
Procedural classification is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Consult the official NCRB BNSS schedule.
IPC Section 129 and BNS Section 157 compared
| Point | IPC Section 129 | BNS Section 157 |
|---|---|---|
| Legislation | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Conduct | Negligently permitting escape of State prisoner or prisoner of war | Same substantive conduct |
| Punishment | Simple imprisonment up to three years and fine | Simple imprisonment up to three years and fine |
| Application | Relevant to offences before the new law commenced, subject to savings provisions | Applicable from 1 July 2024 |
Difference between negligent and voluntary escape
IPC Section 128, now corresponding to BNS Section 156, concerns voluntarily allowing such a prisoner to escape. That offence carries substantially more severe punishment, including the possibility of imprisonment for life. In contrast, IPC Section 129 and BNS Section 157 address negligence, with a maximum of three years' simple imprisonment and a fine.
Frequently asked questions
What is the new BNS section corresponding to IPC Section 129?
Section 157 of the Bharatiya Nyaya Sanhita, 2023.
Is BNS Section 157 bailable?
Yes. The First Schedule to the BNSS classifies the offence as bailable.
Is the offence cognizable?
Yes. It is classified as cognizable under the BNSS schedule.
What is the maximum punishment?
Simple imprisonment for up to three years, together with liability to a fine.
Does every escape from custody attract this provision?
No. The prosecution must establish the statutory conditions, including the status of the custodian and prisoner, custody, escape and negligence.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF
- BNS Act record - India Code
- BNSS First Schedule - National Crime Records Bureau
This article is general legal information. For a specific case, consult the applicable statutory text, procedural rules, judicial decisions and qualified legal counsel.