Public servant voluntarily allowing prisoner of state or war to escape
Section 128 of the Indian Penal Code, 1860 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 ex The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 128, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 156 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 The repealed enactment still governs what happened while it was in force.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.
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.
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 128
What have the courts held on Section 128 of the Indian Penal Code?
Bindu Rauniyar vs State of U.p. (06 Jul 2022) is the leading judgment on this section among those set out below: Relates to maintenance of wives, children, and parents. The underlying case (Case No. 782/2019) involves enforcement of maintenance order under this section.
How do I find court cases under Section 128 of the Indian Penal Code?
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: IPC 128, section 128 IPC, section 128 of the Indian Penal Code. 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 128 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 156 (Public servant voluntarily allowing prisoner of State or war to escape), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 128 of the Indian Penal Code come into force?
Section 128 of the Indian Penal Code, cited as IPC 128, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.