Indian Penal Code 129: Public Servant Negligently Allowing Prisoner Escape

1. Code

Section 129 of the Indian Penal Code states:

“Whoever, being a public servant, negligently allows a prisoner in his custody to escape, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

2. Explanation

• This section deals with the offense of a public servant allowing a prisoner to escape due to negligence.
• It is important to note that the escape must be due to the negligence of the public servant, not their intentional act.
• The public servant must be in charge of the prisoner’s custody, which can be in a jail, police station, or any other place where the public servant has a duty to keep the prisoner safe.
• The punishment for this offense is imprisonment of up to two years, a fine, or both.

3. Illustration

A police officer is tasked with guarding a prisoner in a police station. Due to his carelessness, the officer leaves the prisoner unattended, and the prisoner escapes. In this case, the officer is guilty of an offense under Section 129 of the IPC.

4. Common Questions & Answers

Q: What is considered negligence under this section?

A: Negligence here means a failure to exercise reasonable care and caution in the performance of duty, leading to the escape of the prisoner.

Q: Can a public servant be held liable for the escape of a prisoner if the escape was due to an external force beyond their control?

A: No, if the escape was due to an external force beyond the control of the public servant (like a natural disaster or an armed attack), they would not be liable.

Q: Is this a bailable offense?

A: Yes, this is a bailable offense.