IPC 128: Public Servant Allowing Prisoner Escape
1. Code:
Section 128 of the Indian Penal Code deals with the offense of a public servant allowing a prisoner to escape from lawful custody.
2. Explanation:
This section states that whoever, being a public servant, intentionally or negligently allows any person in his custody as a prisoner to escape from such custody, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
3. Illustration:
A police officer is entrusted with the custody of a prisoner accused of theft. Due to negligence, the officer allows the prisoner to escape. This act constitutes an offense under Section 128 of the IPC.
4. Common Questions and Answers:
Q: What constitutes “lawful custody”?
A: Lawful custody refers to the detention of a person under a valid legal process, such as an arrest warrant or a court order.
Q: Does this section apply only to police officers?
A: No, this section applies to any public servant who has custody of a prisoner, including jail wardens, prison officers, and other officials responsible for prisoner management.
Q: What is the punishment for violating this section?
A: The punishment for violating Section 128 can be imprisonment of up to two years, a fine, or both.
