Public servant voluntarily allowing prisoner of State or war to escape
Section 156 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 exte The Act came into force on 01 Jul 2024.
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.
Section 156, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 128 Public servant voluntarily allowing prisoner of state or war to escape Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Public 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. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bindu Rauniyar vs State of U.p.
Decided under Indian Penal Code 128, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court, exercising its supervisory jurisdiction under Section 482 CrPC, can direct a subordinate court to decide a pending case expeditiously within a specified period when the case has remained undecided for an unreasonable duration, particularly in matters involving vulnerable parties such as maintenance cases, provided such direction does not prejudice the substantive rights of either party and is issued to prevent abuse of process and secure the ends of justice.
On this section: Relates to maintenance of wives, children, and parents. The underlying case (Case No. 782/2019) involves enforcement of maintenance order under this section.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 156
What have the courts held on Section 156 of the Bharatiya Nyaya Sanhita?
Bindu Rauniyar vs State of U.p. (06 Jul 2022) is the leading judgment on this section among those set out below, though it was decided under IPC 128, which this section replaced -- the court never mentioned this Act: Relates to maintenance of wives, children, and parents. The underlying case (Case No. 782/2019) involves enforcement of maintenance order under this section.
Is Section 156 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 156 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 156 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 156, section 156 BNS, section 156 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 156(3). Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bindu Rauniyar vs State of U.p. (06 Jul 2022).
What should I read with Section 156 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 128 (Public servant voluntarily allowing prisoner of state or war to escape), so the judgments decided under that provision are the case law on this one.
When did Section 156 of the Bharatiya Nyaya Sanhita come into force?
Section 156 of the Bharatiya Nyaya Sanhita, cited as BNS 156, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.