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Section 156: Public Servant Voluntarily Allowing State Prisoner to Escape

Bharatiya Nyaya Sanhita • Chapter VII: Of Offences Against the State & Armed Forces • Official Statutory Text & Legal Guide

Chapter VII: Of Offences Against the State & Armed Forces
Court of Session
Non-Bailable
Cognizable
Formerly Sec 128 IPC
Section 155 All 358 Sections of Bharatiya Nyaya Sanhita Section 157

Legal Commentary & Landmark Judgments: Section 156

Section 156 penalizes a public servant who, having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place of confinement, prescribing imprisonment for life or up to ten years, and fine.

  • Custodian Public Servant: Jail superintendent, armed guard, or military officer having lawful custody of a State prisoner or prisoner of war.
  • Voluntary Facilitation of Escape: Intentionally, corruptly, or deliberately allowing the prisoner to escape custody.
  • Extreme Penal Sanction: Punishable with imprisonment for life or imprisonment up to ten years (formerly Section 128 IPC).
Key Landmark Precedents:
  • State of A.P. v. P. Satyanarayana (1981) 3 SCC 272: Affirmed that public servants voluntarily releasing or aiding the escape of high-security prisoners commit severe crimes against state security.
  • Kartar Singh v. State of Punjab (1994) 3 SCC 569: Highlighted the heightened fiduciary duty of correctional staff guarding prisoners accused of terrorism and waging war.
Courtroom Practice & Strategic Litigation Guidance:

In defending jail wardens charged under Section 156 BNS after a high-profile jailbreak, prove absence of voluntariness: establish that the guard was overpowered, tied up, or held at gunpoint, reducing the charge to negligence under Section 157 or securing complete acquittal.

Section 155 All 358 Sections of Bharatiya Nyaya Sanhita Section 157