What is Section 223 IPC? Escape from confinement negligently suffered by public servant
Published on: Lawiz Team
Learn about Section 223 IPC: Escape from confinement negligently suffered by public servant
Official Legal Text
Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 223 punishes any public servant who negligently allows an offender to escape from custody or confinement.
Purpose
To ensure that public servants maintain proper vigilance over individuals in custody or confinement.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Key Elements
1. The person must be a public servant. 2. They must have custody or control over an offender. 3. The escape must occur due to negligence.
Punishment Details
Simple imprisonment for a term which may extend to two years, or with fine, or with both.
Legal Defenses
If the public servant can prove they were not negligent or acted under lawful authority.
Judicial Interpretation
Courts focus on the presence of negligence and lack of proper care.
Illustration
If a police officer negligently leaves a prison cell unlocked, allowing a prisoner to escape, they can be punished under Section 223.
FAQs
What does Section 223 IPC define?
Escape from confinement or custody negligently suffered by public servant.
Where is Section 223 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 223 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 223 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 223 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 223 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 223 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.