Public servant negligently suffering such prisoner to escape
Section 129 of the Indian Penal Code, 1860 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 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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, 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 129, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 157 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 The repealed enactment still governs what happened while it was in force.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.
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
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 129
What have the courts held on Section 129 of the Indian Penal Code?
State of U.p. vs Abdula (28 Sep 2018) is the leading judgment on this section among those set out below: Hurt by act endangering life or personal safety charge from which accused were acquitted.
How do I find court cases under Section 129 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 129, section 129 IPC, section 129 of the Indian Penal Code. People searching for it also type ipc 129 motor vehicle act and ipc 129 in bns. 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 129 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 157 (Public servant negligently suffering such prisoner to escape), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 129 of the Indian Penal Code come into force?
Section 129 of the Indian Penal Code, cited as IPC 129, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 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.