IPC Section 128 — Public servant voluntarily allowing prisoner of state or war to escape

Summary

A public official who is responsible for guarding a state prisoner or a prisoner of war and intentionally lets that prisoner escape from their place of confinement can be punished with life imprisonment or up to ten years in prison, and may also have to pay a fine.

Official Text

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.

Related Judgments

• INSC 698 1083 CASE DETAILS DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI & ORS — Supreme Court of India (2023)
• ...Petitioner vs 1.The Secretary, — Madras High Court (2013)
• SC (2025) Vol.8 p.1095 — Supreme Court of India (2025)
• S.C.R. 205 MANISH TRIVEDI v. STATE OF RAJASTHAN — Supreme Court of India (2013)
• DURGACHARAN NAIK AND ORS v. STATE OF ORISSA F — Supreme Court of India (1966)
• GOVT. OF A.P v. B. JAGJEEVAN RAO 527 — Supreme Court of India (2014)
• K. VEERASW AMI v. A UNION OF INDIA AND OTHERS JULY 25, 1991 — Supreme Court of India (1991)
• K. CHANDRU ETC.ETC v. STAIE OF TAMIL NADU & ORS. JULY 10, 1985 B — Supreme Court of India (S)

Old <-> New Code Mapping

• BNS §156 — Public servant voluntarily allowing prisoner of State or war to escape