Bharatiya Nyaya Sanhita, 2023 - Chapter VII
Section 157 BNS: Public Servant Negligently Suffering State Prisoner or Prisoner of War to Escape
Bare provision of Section 157 BNS
Meaning and essential ingredients
For Section 157 to apply, the accused must be a public servant, must have custody of a State prisoner or prisoner of war, and must negligently suffer that prisoner to escape from the place of confinement. The provision is therefore based on negligent failure in custodial duty rather than a voluntary or intentional release.
1. Public servant
Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 contains the statutory definition of "public servant". It covers specified categories of persons performing public functions, including various Government, judicial, court-related and public-duty offices. Whether a person falls within that definition depends on the statutory category and the office or function actually held.
2. Custody of a State prisoner or prisoner of war
The section is specific to a public servant who has custody of a State prisoner or prisoner of war. It is not a general provision for every negligent escape from every form of custody.
3. Negligently suffering the escape
The prosecution must establish negligent conduct connected with the escape. Section 157 is distinguishable from Section 156 BNS, which addresses a public servant who voluntarily allows a State prisoner or prisoner of war to escape.
Punishment and procedural classification
| Offence | Public servant negligently suffering a prisoner of State or war in his custody to escape. |
|---|---|
| Punishment | Simple imprisonment for a term which may extend to three years, and fine. |
| Cognizable | Yes. |
| Bail | Bailable. |
| Court competent to try | Magistrate of the first class. |
Section 156 and Section 157 BNS: key distinction
Section 156 concerns a public servant who voluntarily allows a State prisoner or prisoner of war to escape. Section 157 concerns negligent suffering of such escape. The distinction is therefore between voluntary conduct under Section 156 and negligent conduct under Section 157.
Commencement of the Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Central Government brought its provisions into force from 1 July 2024, except Section 106(2). Section 157 is therefore in force.
Official legal sources
The current statutory text may be checked on the official India Code copy of the Bharatiya Nyaya Sanhita, 2023. The commencement notification is available from the Ministry of Home Affairs.