Bharatiya Nyaya Sanhita, 2023 - Chapter VII

Section 157 BNS: Public Servant Negligently Suffering State Prisoner or Prisoner of War to Escape

Section 157 of the Bharatiya Nyaya Sanhita, 2023 applies where a public servant who has custody of a State prisoner or prisoner of war negligently allows that prisoner to escape from confinement. The maximum punishment is simple imprisonment for three years, and the offender is also liable to fine.

Bare provision of Section 157 BNS

157. Public servant negligently suffering such prisoner to escape. Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

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.

Legal note: This page presents the statutory provision and general procedural classification for legal information. Application of Section 157 to a particular case depends on the facts, evidence and applicable judicial interpretation.