Section 128 IPC: Public servant voluntarily allowing prisoner of state or war to escape
Indian Penal Code, 1860
Section 128 IPC at a Glance
Section 128 IPC 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; from 1 July 2024 it is replaced by Section 156 BNS.
Imprisonment for life, or imprisonment of either description for up to ten years.
Section 128 IPC Bare Act Text
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.
Source: Section 128, Indian Penal Code, 1860
Section 128 IPC in Simple Words
Section 128 of the Indian Penal Code (IPC) punishes a public servant who has the custody of a State prisoner or a prisoner of war and voluntarily allows that prisoner to escape from the place of confinement. The punishment is imprisonment for life, or imprisonment of either description for up to ten years, and fine. The offence is cognizable and non-bailable, and it is tried by a Court of Session.
Ingredients of Section 128 IPC
- The accused was a public servant
- The accused had the custody of a State prisoner or a prisoner of war
- The accused voluntarily allowed that prisoner to escape from the place of confinement
Punishment Under Section 128 IPC
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 fine.
Example of Section 128 IPC
When Section 128 IPC Does Not Apply
- Section 128 IPC does not apply when a prisoner escapes solely because of the public servant's carelessness rather than a deliberate act.
- Section 128 IPC does not apply if the person who lets the prisoner escape is a private citizen and not a public servant.
- Section 128 IPC does not apply where the public servant has no custody over the State prisoner or prisoner of war.
- Section 128 IPC does not apply when the person who escapes is an ordinary convict rather than a State prisoner or a prisoner of war.
Section 128 IPC in the BNS
Section 128 IPC is now covered under Section 156 BNS.
Section 128 IPC is now Section 156 BNS, with the same words and the same punishment.
View detailed comparison (IPC 128 vs BNS 156) →FAQs on Section 128 IPC
What does Section 128 IPC provide?▼
It punishes a public servant who has the custody of a State prisoner or a prisoner of war and voluntarily allows that prisoner to escape.
What is the punishment under Section 128 IPC?▼
Imprisonment for life, or imprisonment of either description for up to ten years, and fine.
Who can commit the offence under Section 128 IPC?▼
Only a public servant who has the custody of the prisoner.
Does Section 128 IPC cover an escape caused by carelessness?▼
No. Section 128 IPC requires that the public servant voluntarily allowed the escape. Negligence is dealt with in Section 129 IPC.
Is an offence under Section 128 IPC cognizable and bailable?▼
It is cognizable and non-bailable.
Which court tries an offence under Section 128 IPC?▼
A Court of Session.
Can an offence under Section 128 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 128 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 156 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·