What is Section 128 IPC? Public servant voluntarily allowing prisoner of State or war to escape
Published on: Lawiz Team
Detailed explanation of Section 128 IPC: Public servant voluntarily allowing prisoner of State or war to escape.
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 128 punishes any public servant who willingly allows a prisoner of state or war to escape.
Purpose
To ensure that public servants are responsible for securely guarding state or war prisoners.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment for life, or imprisonment up to 10 years and fine.
Scope and Application
Applies to any public servant who intentionally allows a state or war prisoner to escape.
Important Legal Points
Punishment can include imprisonment for life or up to ten years.
Illustrative Example
A jailer allowing a war prisoner to escape is punishable.
Exceptions and Special Cases
Does not apply if the escape was due to factors beyond the public servant's control.
Conclusion
Ensures accountability of public servants for state and war prisoners.
FAQs
What does Section 128 IPC define?
Public servant voluntarily allowing prisoner of State or war to escape.
Where does Section 128 IPC apply?
It applies in legal cases involving public servant voluntarily allowing prisoner of state or war to escape.
Why is Section 128 IPC significant?
It addresses national security, military discipline, and related offenses.
Can you provide a real-life example involving Section 128 IPC?
Such cases involve offenses by military personnel or acts against state security.
What punishment is provided under Section 128 IPC?
Punishment varies based on the severity and nature of the offense under this section.
Is Section 128 linked with any military or public service acts?
Yes, it often links with Army Act, Naval Discipline Act, Air Force Act, or IPC provisions.
How have courts ruled on cases under Section 128 IPC?
Courts interpret based on the facts, intent, and seriousness of the act committed.