IPC 128: Public Servant Allowing Prisoner Escape – Indian Penal Code

Facebook
Twitter
LinkedIn
Pinterest
WhatsApp

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.

Also Read  Section 123 CrPC: Power to Release Persons Imprisoned for Failing to Give Security
Facebook
Twitter
LinkedIn
Pinterest
WhatsApp

Never miss any important news. Subscribe to our newsletter.

Leave Your Comment

Recent News

Editor's Pick

Apni_Law_Logo_Black

Let Us Know How Can We Help You

Fill Out The Form Below. Our Team Will Contact You Shortly

Disclaimer