Section 157 BNS: Public servant negligently suffering such prisoner to escape

Bharatiya Nyaya Sanhita, 2023

Section 157 BNS at a Glance

Section 157 BNS deals with public servant negligently suffering such prisoner to escape. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 129 IPC on 1 July 2024.

Punishment

Simple imprisonment for up to three years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 129 →

Section 157 BNS Bare Act Text

157. Public servant negligently suffering such prisoner to escape

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.

Source: Section 157, Bharatiya Nyaya Sanhita, 2023

Section 157 BNS in Simple Words

Section 157 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who has custody of a State prisoner or a prisoner of war and, through negligence, allows that prisoner to escape from any place of confinement. The law is aimed at officers and other public servants who are responsible for guarding or keeping a State prisoner or prisoner of war in confinement. It does not require a deliberate helping hand.

Carelessness alone can be enough if it directly leads to the escape of such a prisoner. This section matters because holding a State prisoner or prisoner of war is a high public duty tied to national security. If the prisoner escapes due to a custodian's failure to take proper care, serious security consequences can follow.

In practical terms, this provision punishes negligent supervision where a State prisoner or prisoner of war escapes from confinement. The focus is on negligent conduct, not on a planned release. If the facts show mere accident without negligence, liability does not arise.

Ingredients of Section 157 BNS

  • Public servant
  • Custody of a State prisoner or a prisoner of war
  • Negligently suffering that prisoner to escape

Punishment Under Section 157 BNS

Imprisonment

Simple imprisonment for up to three years.

Fine

The offender is also liable to fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

A public servant who negligently lets a State prisoner or prisoner of war escape faces simple imprisonment for up to three years and liability to fine.

Example of Section 157 BNS

A sentry is guarding a prisoner of war. He falls asleep at his post and the prisoner walks out through the unlocked door. The sentry did not mean the prisoner to go, but his carelessness let the prisoner escape, and he is liable under Section 157 BNS.

When Section 157 BNS Does Not Apply

  • The public servant voluntarily allowed the escape, which falls under Section 156 BNS
  • The accused did not have the custody of the prisoner
  • The prisoner was neither a State prisoner nor a prisoner of war
  • The escape took place despite the care that the public servant was bound to take

Section 157 BNS in the IPC (Previous Law)

Section 157 BNS replaces Section 129 IPC from the old criminal code.

Section 129 IPC is now Section 157 BNS, with the same words and the same punishment.

View IPC Section 129 →

FAQs on Section 157 BNS

Who can be punished under Section 157 BNS?▼

This section applies to a public servant who has custody of a State prisoner or a prisoner of war and negligently suffers that prisoner to escape from a place of confinement. A private person is not covered under this section.

Under Section 157 BNS, does the prosecution need to prove intention to let the prisoner escape?▼

No. The section is based on negligence, not intention. If the State prisoner or prisoner of war escaped because the public servant failed to take reasonable care, that can be enough for liability.

Under Section 157 BNS, what kind of punishment is provided?▼

The punishment is simple imprisonment for a term which may extend to 3 years, and the offender shall also be liable to fine. The court will look at the seriousness of the negligence and the circumstances of the escape before deciding the sentence.

Is the offence under Section 157 BNS bailable?▼

Yes, it is a bailable offence, as well as cognizable and non-compoundable.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·