Section 156 BNS: Public Servant Voluntarily Allowing Prisoner of State or War to Escape
Section 156 of the Bharatiya Nyaya Sanhita, 2023 deals with a public servant who has custody of a State prisoner or prisoner of war and voluntarily allows that prisoner to escape from confinement. The provision prescribes a severe punishment because the offence concerns the lawful custody of prisoners connected with the security or interests of the State.
Text of Section 156 of the Bharatiya Nyaya Sanhita, 2023
156. 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.
What Section 156 BNS Means
The section applies only where the accused is a public servant who has custody of a State prisoner or prisoner of war, and the escape is allowed voluntarily. The prosecution must therefore establish the required status, custody, confinement and voluntary conduct that enabled the escape.
Essential Ingredients of the Offence
- The accused must be a public servant.
- The public servant must have custody of a State prisoner or prisoner of war.
- The prisoner must be confined at a place of confinement.
- The public servant must voluntarily allow the prisoner to escape.
- The conduct must result in the prisoner escaping from the place of confinement.
Meaning of Public Servant under the BNS
Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 defines the expression public servant by listing the categories of persons who fall within that term. Whether an accused falls within the definition depends on the office, function or legal position held by that person.
Punishment under Section 156 BNS
A person convicted under Section 156 may be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and is also liable to fine.
Nature and Classification of the Offence
| Provision | Section 156, Bharatiya Nyaya Sanhita, 2023 |
|---|---|
| Offence | Public servant voluntarily allowing a State prisoner or prisoner of war in custody to escape |
| Punishment | Imprisonment for life, or imprisonment up to ten years, and fine |
| Cognizable | Yes |
| Bailable | No; the offence is non-bailable |
| Court competent to try | Court of Session |
Section 156 and Section 157 BNS: Important Difference
Section 156 deals with a public servant who voluntarily allows the prisoner to escape. By contrast, Section 157 BNS addresses a public servant who negligently suffers such a prisoner to escape. The distinction between voluntary conduct and negligence materially affects the applicable provision and punishment.
Related Provision: Aiding Escape, Rescue or Harbouring
Section 158 BNS separately covers knowingly aiding or assisting the escape of a State prisoner or prisoner of war, rescuing or attempting to rescue such a prisoner, harbouring or concealing an escaped prisoner, or resisting the prisoner's recapture.
Corresponding Provision under the Indian Penal Code, 1860
Section 156 BNS substantially corresponds to Section 128 of the Indian Penal Code, 1860, which dealt with a public servant voluntarily allowing a prisoner of State or war in his custody to escape. For offences committed after the commencement of the BNS, the applicable provision is determined in accordance with the new criminal law and the relevant saving provisions.
Practical Legal Point
The wording of Section 156 makes the public servant's custody and voluntary allowance of the escape central to the offence. A case based only on negligence should be examined against Section 157 BNS rather than being treated automatically as an offence under Section 156.