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SECTION 128 IPC - Indian Penal Code - Public servant voluntarily allowing prisoner of state or war to escape


Last Updated: 01 Jan, 2025
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 128 has been replaced with BNS Section 156 with effect from July 1, 2024.

Please refer to BNS 156 for updated procedures & punishments.

Table of Contents
  1. IPC 128 in Simple Words
  2. IPC Section 128 related FAQs
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 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.


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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 : Court of Session



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Frequently Asked Questions


What is the law of 128?

According to Article 128 in the Penal Law, anyone who intentionally causes unconsciousness of a woman by using force, arms, soporifics, drugs or other means, will be punished with imprisonment between three and five years, as well as a fine of up to 1.000.


What is Section 127 of the IPC?

Anyone who receives property, knowing that it was taken to commit any of the crimes listed in sections 125 or 126 is subject to imprisonment for up to seven years. They are also liable to a fine and forfeiture of their property.


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