IPC 128→BNS 156

IPC 128 to BNS 156: Public servant voluntarily allowing prisoner of state or war to escape

Section 128 IPC (1860) replaced by Section 156 BNS (2023)

View IPC Section 128 →View BNS Section 156 →

IPC 128 to BNS 156 at a Glance

Section 128 IPC (Public servant voluntarily allowing prisoner of state or war to escape) is now Section 156 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 128 to BNS 156?

Section 128 IPC is now Section 156 BNS, with the same words and the same punishment.

IPC 128 vs BNS 156: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section128156
OffencePublic servant voluntarily allowing prisoner of state or war to escapeSame
PunishmentImprisonment for life, or imprisonment of either description for up to ten years.Same
FineThe offender is also liable to fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 128 and BNS 156: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 128, IPC 1860

128. Public servant voluntarily allowing prisoner of state or war to escape.—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 imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
BNS 2023 (in force)

Section 156, BNS 2023

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

Ingredients: IPC 128 vs BNS 156

Under IPC 128
  1. The accused was a public servant
  2. The accused had the custody of a State prisoner or a prisoner of war
  3. The accused voluntarily allowed that prisoner to escape from the place of confinement
Under BNS 156
  1. Public servant
  2. Custody of a State prisoner or a prisoner of war
  3. Voluntarily allowing that prisoner to escape

What IPC 128 to BNS 156 Means for Pending Cases

For Section 128 IPC (now Section 156 BNS): the offence and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 156 BNS and is framed exactly as before.

FAQs: IPC 128 to BNS 156

What changed when Section 128 IPC became Section 156 BNS?▼

Only the number. Section 156 BNS repeats the words of Section 128 IPC, and the punishment is the same.

Where does Section 128 IPC sit in the BNS?▼

In Section 156 BNS, in Chapter VII, Of Offences Against the State.

Does Section 128 IPC or Section 156 BNS apply to an act done before 1 July 2024?▼

Section 128 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 128 IPC. Section 156 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·