Escape from confinement or custody negligently suffered by public servant
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Summary
A public servant who is legally responsible for keeping a person charged, convicted, or lawfully in custody and negligently allows that person to escape commits an offence. The punishment is simple imprisonment for up to two years, or a fine, or both. The rule covers escapes caused by carelessness or failure to perform custody duties.
Example
Priya is the jail officer responsible for a detainee. A guard under her leaves a cell door unlocked and the detainee walks out. Because the escape happened through negligent custody, Priya can face simple imprisonment for up to two years, or a fine, or both.
Bare Act
Enacted textWhoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
BNSS Classification
- Simple imprisonment for 2 years, or fine, or both.
- Non-cognizable
- Bailable
- Triable by Any Magistrate.
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