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.
BNS-156: Public Servant Voluntarily Allowing Prisoner of State or War to Escape
Key Points:
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Who is covered:
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This section applies specifically to public servants who have custody of state prisoners or prisoners of war.
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Offense of Voluntarily Allowing Escape:
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A public servant who voluntarily allows a prisoner of war or a state prisoner to escape from confinement commits a serious offense.
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Voluntary Action: The escape must be due to the public servant's deliberate or intentional action, not accidental or due to negligence.
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Types of Prisoners:
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State Prisoners: Those held under state custody, possibly for political reasons or other offenses against the state.
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Prisoners of War: Captured combatants held during times of war.
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Punishment:
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The punishment can be imprisonment for life or a term up to ten years.
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The offender is also liable for a fine in addition to imprisonment.
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Purpose:
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This section aims to hold public servants accountable for maintaining the integrity of the legal and security framework, particularly during sensitive situations like war.
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Offence : Public servant voluntarily allowing prisoner of state or war in his custody to escape.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court of Session.
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