IPC 128 - Public servant voluntarily allowing prisoner of State or war in his custody to escape
Description of IPC 128
Description of IPC Section 128
According to section 128 of Indian penal code, 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.
IPC 128
| Offence | Public servant voluntarily allowing prisoner of State or war in his custody to escape |
| Punishment | Imprisonment for Life or 10 Years + Fine |
| Cognizance | Cognizable |
| Bail | Non-bailable |
| Triable | Magistrate |
Imprisonment for Life: The public servant can be sentenced to life imprisonment. Alternative Imprisonment: If not life imprisonment, the sentence can extend to 10 years. Fine: Additionally, the public servant may be liable to pay a fine.
IPC 128 in Simple Words
If a public servant, responsible for the custody of a State prisoner or prisoner of war, intentionally allows the prisoner to escape from confinement, they can be punished with life imprisonment or imprisonment of up to ten years, and may also be fined.
Importance and Practical application
State Security: This section is vital for maintaining the security of the state and ensuring that those responsible for safeguarding prisoners do not betray their duties, particularly when dealing with political offenders or enemy combatants.
Practical application:
Examples: A jailer intentionally allows a prisoner of war to flee by unlocking their cell or facilitating their escape route. Legal Consequences: The public servant faces serious penalties, including life imprisonment or a long-term sentence and a possible fine.Conclusion
IPC Section 128 imposes stringent penalties on public servants who betray their duty by allowing prisoners of State or war to escape, including life imprisonment or up to 10 years of imprisonment along with a fine, emphasizing the seriousness of the crime.