Section 156 BNS: Public servant voluntarily allowing prisoner of State or war to escape
Bharatiya Nyaya Sanhita, 2023
Section 156 BNS at a Glance
Section 156 BNS deals with public servant voluntarily allowing prisoner of State or war to escape. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 128 IPC on 1 July 2024.
Imprisonment for life, or imprisonment of either description for up to ten years.
Section 156 BNS Bare Act Text
156. 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.
Source: Section 156, Bharatiya Nyaya Sanhita, 2023
Section 156 BNS in Simple Words
Section 156 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who knowingly and voluntarily lets a prisoner of State or a prisoner of war escape from custody. The law applies only where the accused is a public servant and has control over the prisoner by virtue of official duty. The escape must be allowed on purpose.
A mere accident, negligence, or lack of care is not enough for this section. This provision matters because prisoners of State and prisoners of war are held under special legal authority, often in sensitive national security situations. If such a prisoner is allowed to escape, the act can have serious consequences for public safety, diplomacy, and administration.
In practice, investigators and courts will look at the officer's role, the custody arrangement, and whether there was a conscious decision to permit the escape from the place of confinement.
Ingredients of Section 156 BNS
- Public servant
- Custody of a State prisoner or a prisoner of war
- Voluntarily allowing that prisoner to escape
Punishment Under Section 156 BNS
Imprisonment for life, or imprisonment of either description for up to ten years.
The offender is also liable to fine.
A public servant who voluntarily lets a State prisoner or prisoner of war escape faces imprisonment for life, or up to ten years, and liability to fine.
Example of Section 156 BNS
When Section 156 BNS Does Not Apply
- The escape was not voluntary on the part of the public servant, as where the prisoner overpowered the guard
- The accused did not have the custody of the prisoner
- The prisoner was neither a State prisoner nor a prisoner of war
Section 156 BNS in the IPC (Previous Law)
Section 156 BNS replaces Section 128 IPC from the old criminal code.
Section 128 IPC is now Section 156 BNS, with the same words and the same punishment.
View IPC Section 128 →FAQs on Section 156 BNS
Who can be punished under Section 156 BNS?▼
Only a public servant can be punished under this provision. The person must have control or custody over a prisoner of State or a prisoner of war and must voluntarily allow that person to escape.
Does careless guarding amount to the offence under Section 156 BNS?▼
Not under this section. Carelessness may lead to other disciplinary or criminal action, such as under Section 157 BNS, but this offence requires a voluntary and intentional act of allowing the escape.
What is the punishment under Section 156 BNS?▼
The punishment is imprisonment for life, or imprisonment of either description for a term that may extend to 10 years, and also fine. The court will look at the seriousness of the conduct and the surrounding facts.
Is Section 156 BNS still relevant after the new criminal law came into force?▼
Yes. In the Bharatiya Nyaya Sanhita (BNS), this offence continues in full force as Section 156 BNS with the same ingredients and punishment.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·