Section 223 IPC: Escape from confinement or custody negligently suffered by public servant

Indian Penal Code, 1860

Section 223 IPC at a Glance

Section 223 IPC deals with escape from confinement or custody negligently suffered by public servant. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 261 BNS.

Punishment

Simple imprisonment for a term which may extend to two years. The statute specifies simple imprisonment only, so rigorous imprisonment cannot be imposed.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

BNS Equivalent

Section 261 →

Section 223 IPC Bare Act Text

223. Escape from confinement or custody negligently suffered by public servant
Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Source: Section 223, Indian Penal Code, 1860

Section 223 IPC in Simple Words

Section 223 of the Indian Penal Code (IPC) punishes a public servant who is legally bound to keep in confinement any person charged with or convicted of an offence, or lawfully committed to custody, and who negligently suffers that person to escape from confinement.

The punishment prescribed is simple imprisonment for a term which may extend to two years, or with fine, or with both.

An offence under this section is non-cognizable, bailable, non-compoundable, and triable by any Magistrate.

Ingredients of Section 223 IPC

The accused was a public servant legally bound as such to keep a person in confinement
That person was charged with or convicted of an offence, or was lawfully committed to custody
The accused negligently suffered that person to escape from confinement

Punishment Under Section 223 IPC

Imprisonment

Simple imprisonment for a term which may extend to two years. The statute specifies simple imprisonment only, so rigorous imprisonment cannot be imposed.

Fine

Fine is an optional alternative to imprisonment, or may be imposed in addition to simple imprisonment.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Negligently suffering a person in lawful confinement to escape carries simple imprisonment for up to two years, or fine, or both.

Example of Section 223 IPC

In 2020, Constable Mahendra was a public servant on night sentry duty in Jabalpur, legally bound as such to keep in confinement Nikhil, a prisoner convicted of cheating. Instead of checking the iron latch on the detention room window and remaining alert at his post, Mahendra fell asleep on a bench outside with his phone headphones on. Because of Mahendra's carelessness, Nikhil pushed open the unlatched window shutter and escaped from confinement during the night. Mahendra is punishable under Section 223 IPC.

When Section 223 IPC Does Not Apply

Section 223 IPC does not apply when the person responsible for guarding the detainee is not a public servant or has no legal duty as such to keep him in confinement.
Section 223 IPC does not apply if the person who escaped was not charged with an offence, not convicted of an offence, and not lawfully committed to custody.
Section 223 IPC does not apply where the public servant exercised reasonable care and the prisoner escaped through unforeseen force or events beyond the guard's control without any negligence.
Section 223 IPC does not apply if the prisoner only attempted to escape and did not actually escape from confinement.

Section 223 IPC in the BNS

Section 223 IPC is now covered under Section 261 BNS.

Section 223 IPC is now Section 261 BNS. The text, legal elements, and punishment of simple imprisonment up to two years or fine or both remain completely identical under the new Sanhita.

View detailed comparison (IPC 223 vs BNS 261) →

FAQs on Section 223 IPC

What does Section 223 IPC punish?▼

It punishes a public servant legally bound to keep in confinement a person charged with or convicted of an offence or lawfully committed to custody who negligently suffers that person to escape.

What is the punishment under Section 223 IPC?▼

Simple imprisonment for a term which may extend to two years, or with fine, or with both.

Can rigorous imprisonment be awarded under Section 223 IPC?▼

No. The section explicitly provides for simple imprisonment only.

How is Section 223 IPC distinguished from Section 222 IPC?▼

Section 223 IPC punishes negligent escape, whereas Section 222 IPC punishes intentional omission to apprehend or intentional assistance in escape.

Is an offence under Section 223 IPC bailable and cognizable?▼

An offence under Section 223 IPC is bailable and non-cognizable.

Which court tries an offence under Section 223 IPC?▼

Any Magistrate.

Can an offence under Section 223 IPC be compounded?▼

No. Section 223 IPC is not compoundable under Section 320 CrPC.

Where is Section 223 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 261 BNS.

Have questions about Section 223 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·