Public servant negligently suffering such prisoner to escape
Section 157 of the Bharatiya Nyaya Sanhita, 2023 deals with public servant negligently suffering such prisoner to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and sh 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, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
Section 157, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 129 Public servant negligently suffering such prisoner 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 The repealed enactment still governs what happened while it was in force.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 negligently suffering prisoner of State or war in his custody to escape. | Simple imprisonment for 3 years and fine. | Cognizable. | Bailable. | Magistrate of the first class. |
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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State of U.p. vs Abdula
Decided under Indian Penal Code 129, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a trial court acquits accused persons on the ground of cross allegations between parties, unexplained injuries on the accused, and a finding that the complainant side was the aggressor, such acquittal order cannot be said to be perverse, illegal, or irregular if the view taken by the trial court is a possible or plausible view. In such circumstances, an application for leave to appeal against acquittal should be dismissed.
On this section: Hurt by act endangering life or personal safety charge from which accused were acquitted
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 157
What have the courts held on Section 157 of the Bharatiya Nyaya Sanhita?
State of U.p. vs Abdula (28 Sep 2018) is the leading judgment on this section among those set out below, though it was decided under IPC 129, which this section replaced -- the court never mentioned this Act: Hurt by act endangering life or personal safety charge from which accused were acquitted.
Is Section 157 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 157 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 Magistrate of the first class.
How do I find court cases under Section 157 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 157, section 157 BNS, section 157 of the Bharatiya Nyaya Sanhita. People searching for it also type 157 bns act. 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 State of U.p. vs Abdula (28 Sep 2018).
What should I read with Section 157 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 129 (Public servant negligently suffering such prisoner to escape), so the judgments decided under that provision are the case law on this one.
When did Section 157 of the Bharatiya Nyaya Sanhita come into force?
Section 157 of the Bharatiya Nyaya Sanhita, cited as BNS 157, 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.
Other sections of this Act
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- 101. Murder1177 words
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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.