Bharatiya Nyaya Sanhita, 2023

BNS Section 156

Public servant voluntarily allowing prisoner of State or war to escape

In one line

BNS Section 156 deals with public servant voluntarily allowing prisoner of state or war to escape and replaces IPC 128.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
156Public servant voluntarily allowing prisoner of state or war in his custody to escape.Imprisonment for life, or imprisonment for 10 years and fine.Cognizable.Non-bailable.Court of Session.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 156

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.

Frequently asked

What was BNS Section 156 in the IPC?

BNS Section 156 (Public servant voluntarily allowing prisoner of State or war to escape) replaces Section 128 of the Indian Penal Code, 1860. IPC 128 is now BNS 156.

What is the punishment under BNS 156?

Public servant voluntarily allowing prisoner of state or war in his custody to escape – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

Is BNS 156 bailable?

Non-bailable: BNS 156. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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