Section 129 IPC: Public servant negligently suffering such prisoner to escape
Indian Penal Code, 1860
Section 129 IPC at a Glance
Section 129 IPC deals with public servant negligently suffering such prisoner to escape. It is bailable and cognizable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 157 BNS.
Simple imprisonment for up to three years.
Section 129 IPC Bare Act Text
129. 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 129, Indian Penal Code, 1860
Section 129 IPC in Simple Words
Section 129 of the Indian Penal Code (IPC) punishes a public servant who has the custody of a State prisoner or a prisoner of war and negligently suffers that prisoner to escape from the place of confinement. The punishment is simple imprisonment for up to three years and fine. The offence is cognizable and bailable, and it is tried by a Magistrate of the first class.
Ingredients of Section 129 IPC
- The accused was a public servant
- The accused had the custody of a State prisoner or a prisoner of war
- The accused negligently suffered that prisoner to escape from the place of confinement
Punishment Under Section 129 IPC
Simple imprisonment for up to three years.
The offender is also liable to fine.
A public servant who negligently lets a State prisoner or prisoner of war escape faces simple imprisonment for up to three years and fine.
Example of Section 129 IPC
When Section 129 IPC Does Not Apply
- Section 129 IPC does not apply when the public servant intentionally helps or permits the prisoner to escape, which is covered by Section 128 IPC.
- Section 129 IPC does not apply if the public servant was not entrusted with the custody of the prisoner who escaped.
- Section 129 IPC does not apply where the escaped detainee is an ordinary criminal prisoner rather than a State prisoner or prisoner of war.
- Section 129 IPC does not apply if the prisoner escaped through no fault or lack of care on the part of the custodian.
Section 129 IPC in the BNS
Section 129 IPC is now covered under Section 157 BNS.
Section 129 IPC is now Section 157 BNS, with the same words and the same punishment.
View detailed comparison (IPC 129 vs BNS 157) →FAQs on Section 129 IPC
What does Section 129 IPC provide?▼
It punishes a public servant who has the custody of a State prisoner or a prisoner of war and negligently suffers that prisoner to escape.
What is the punishment under Section 129 IPC?▼
Simple imprisonment for up to three years, and fine.
How does Section 129 IPC differ from Section 128 IPC?▼
Section 128 IPC covers a public servant who voluntarily allows the escape. Section 129 IPC covers an escape that comes about through the public servant's negligence.
Who can commit the offence under Section 129 IPC?▼
Only a public servant who has the custody of the prisoner.
Is an offence under Section 129 IPC cognizable and bailable?▼
It is cognizable and bailable.
Which court tries an offence under Section 129 IPC?▼
A Magistrate of the first class.
Can an offence under Section 129 IPC be compounded?▼
No. It is not listed in Section 320 CrPC.
Where is Section 129 IPC in the Bharatiya Nyaya Sanhita?▼
In Section 157 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·