Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
Colonial-era law (originally IPC Section 223) recognized that officials guarding sensitive prisoners—like State prisoners (detained for political or security reasons) or prisoners of war—hold a special position of trust. Carelessness in guarding such prisoners could threaten public safety or national security, so the law created a separate, lighter offense for negligent escapes, distinct from cases where an official deliberately helps a prisoner escape (which is punished more severely elsewhere).
Common misconceptions
- Myth: This law only applies if the official deliberately helped the prisoner escape.
Fact: This section covers negligent (careless) escapes, not intentional ones; deliberately aiding an escape is punished under a different, harsher provision. - Myth: This applies to any prisoner escaping from any jail.
Fact: It specifically applies to 'State prisoners' and 'prisoners of war,' which are special categories, not ordinary criminal detainees.