Code:
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 1 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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.
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.
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.
