Bharatiya Nyaya Sanhita, 2023
Section 156
Public servant voluntarily allowing prisoner of State or war to escape
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.
Why this exists
This provision comes from the colonial-era Indian Penal Code (Section 128), carried forward into the Bharatiya Nyaya Sanhita, 2023. It was designed to protect the integrity of custody arrangements for prisoners of war and State prisoners — categories tied closely to national security and international obligations (such as the Geneva Conventions for POWs). The law places a heavy duty of vigilance on public servants entrusted with such custody, since their deliberate failure could threaten state security, diplomatic relations, or public order.
Common misconceptions
- Myth: This law applies to any prisoner escaping from any jail.
Fact: It applies specifically to 'State prisoners' and 'prisoners of war,' not ordinary criminal suspects or convicts. - Myth: Negligently failing to notice an escape is punished the same as deliberately allowing it.
Fact: The section requires the public servant to 'voluntarily' allow the escape — accidental or negligent lapses fall under a different, lesser provision.