BNS Section 157: Public Servant Negligently Suffering Such Prisoner to Escape
Section 157 of BNS is part of Chapter 7 - Offences against the state in Bharatiya Nyaya Sanhita Act, 2023. It addresses the offense committed by a public servant who negligently allows a prisoner of State or war to escape. This provision highlights the importance of diligence and responsibility in the execution of official duties, especially in matters concerning the custody of individuals who pose a threat to national security or public order.
Definition of BNS Section 157
Section 157 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 157
Section 157 of Bharatiya Nyaya Sanhita 2023 prescribes the duty of public servant in charge of State prisoners or prisoners of war. If any public servant by his negligence permits such a prisoner to escape from the place of his confinement, then he is put under simple imprisonment for a term of up to 3 years and shall also be liable to fine.
Illustration:
If a jailer to whom is entrusted the custody of a State prisoner, commits negligence in security and such a prisoner escapes owing to that negligence of the jailer, in respect of any one of these heads, (e.g. in not locking up the cell door or inspecting the prisoner, etc.,) then Section 157 permits the bringing of a charge against him. This jailer can face up to 3 years of imprisonment along with a fine for his part in an escape.
Key Points in Section 157
Section 157 is aimed at the protection of the integrity of the justice system and accountability of public servants. The section provides for appropriate penalties, including imprisonment and fines, to deter carelessness and reinforce the need for vigilance in handling prisoners, thereby protecting the interests of the State and society.
- This section applies to public servants responsible for the custody of state prisoners or prisoners of war.
- Crime that is considered within the category of negligence as provided by law-that is, inability to prevent any prisoner's evasion because the given public servant acted without reasonable care
- Individual detained for a specific crime against or for political-related reasons
- Conflictant or detainees captured in and during conflicts-an as governed by internationally accepted rules
- Offences committed within prisoners' facilities-a prison or the detention centre
- A minor imprisonment up to 3yrs. Fined
- Ensures public servants are held accountable for maintaining security and order within custodial facilities.
Differences Between Section 157 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 157 of BNS and its equivalent IPC section 129 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 157 | Public servant negligently suffering such prisoner to escape. | 129 | No change. |
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FAQs about Section 157 of the Bharatiya Nyaya Sanhita (BNS)
Can this section provide for imprisonment and a fine?
Yes, Section 157 provides for the punishment of both simple imprisonment that may extend to three years, and a fine. The double penalty provided here makes negligence in custodial duties more severe and accountable.
What is the purpose of BNS Section 157?
The purpose of Section 157 is to enforce accountability and ensure that public servants uphold security measures within custodial settings. It aims at preventing lapses that could compromise state or military security.
Why are prisoners of war included under this section?
Prisoners of war are included to ensure that international standards are upheld, and public servants remain responsible for the proper custody of captured combatants, reflecting obligations under international law.
What legal principle supports Section 157?
The legal principle behind Section 157 is the duty of care. Public servants are legally bound to take reasonable measures to prevent escapes, reinforcing trust in the custodial system and public security.
How does Section 157 affect public servants?
Public servants are bound under this section to work diligently in managing prisoners whom they have the custody of. Failure to act can lead to punishment of imprisonment, fines, and damage done to their professional standing.
Is intent essential to establish an offense under Section 157?
No, intent is not required for Section 157. It is concerned with negligence. In other words, the lack of reasonable care on the part of the public servant, whether it be through intention or not, can invite punishment if the outcome is an escape.
How does Section 157 ensure security in custodial facilities?
Section 157 promotes strict adherence to security protocols among public servants by penalising negligence. This ensures better management, deterring carelessness that could lead to prisoner escapes and maintaining overall security integrity.
