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BNS, 2023
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BNSChapter VIISection 157
Section157

Public servant negligently suffering such prisoner to escape

AI Assist

Summary

A public servant who has custody of a State prisoner or prisoner of war and, through negligence, allows that prisoner to escape from the place of confinement is punishable with simple imprisonment for up to three years and a fine. It applies when the escape is caused by the official's negligence rather than deliberate help. The offence is cognizable, bailable and triable by a First Class Magistrate.

Example

Ravi is a jail guard who forgets to lock a cell door and a State prisoner walks out. Because the escape resulted from Ravi's negligence, he can be prosecuted and, if convicted, sentenced to up to three years simple imprisonment and fined.

Bare Act

Enacted text

Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

BNSS Classification

  • Simple imprisonment for 3 years and fine.
  • Cognizable
  • Bailable
  • Triable by Magistrate of the first class.
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VII

Chapter VII

Of Offences Against The State

In this chapter

  • 147Waging, or attempting to wage war, or abetting waging of war, against the Government of India
  • 148Conspiracy to commit offences punishable by section 147
  • 149Collecting arms, etc., with intention of waging war against the Government of India
  • 150Concealing with intent to facilitate design to wage war
  • 151Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
  • 152Acts endangering sovereignty unity and integrity of India
  • 153Waging war against Government of any foreign State at peace with the Government of India
  • 154Committing depredation on territories of foreign State at peace with the Government of India
  • 155Receiving property taken by war or depredation mentioned in sections 153 and 154
  • 156Public servant voluntarily allowing prisoner of state or war to escape
  • 157Public servant negligently suffering such prisoner to escape
  • 158Aiding escape of, rescuing or harbouring such prisoner
Previous · Section 156Public servant voluntarily allowing prisoner of state or war to escapeNext · Section 158Aiding escape of, rescuing or harbouring such prisoner