IPC Section 128: Public servant voluntary allowing prisoner of State or war to escape
Indian Penal Code, 1860 · Chapter 6: Offences against the State
Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).
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 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India
- 121A. Conspiracy to commit offences punishable by section 121
- 122. Collecting arms, etc., with intention of waging war against the Government of India
- 123. Concealing with intent to facilitate design to wage war
- 124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
- 124A. Sedition
- 125. Waging war against any Asiatic Power in alliance with the Government of India
- 126. Committing depredation on territories of Power at peace with the Government of India
- 127. Receiving Property taken by war on depredation mention in Sections 125 and 126
- 129. Public servant negligently suffering such prisoner to escape
- 130. Aiding escape of, rescuing or harbouring such prisoner