Introduction of 128 IPC
IPC 128 deals with the offense of forgery committed by a public servant. This section aims to prevent misuse of power and authority by public servants who forge documents to achieve illegal gains or cause harm.
What is IPC Section 128 ?
IPC 128 criminalizes the act of a public servant intentionally allowing a state prisoner or prisoner of war to escape. It applies specifically to those who are responsible for the custody of these prisoners.
IPC Section 128 Overview
IPC Section 128 criminalizes the act of a public servant intentionally allowing a state prisoner or prisoner of war to escape. This law applies specifically to those entrusted with the custody of such prisoners. It emphasizes the serious responsibility placed on public servants in safeguarding individuals who could pose a threat to national security if released.
Key Points about IPC 128
- Guard Duty Gone Wrong:
- IPC 128 deals with jailers or custodians letting dangerous prisoners escape.
- Not Just Any Inmates:
- This law specifically applies to state prisoners or prisoners of war.
- Public Servants Only:
- IPC 128 is targeted at government employees responsible for these prisoners.
- Intentional Act:
- The offense must be intentional. Accidentally losing a prisoner is not covered under IPC 128.
- Betrayal of Trust:
- Allowing a prisoner to escape is seen as a serious betrayal of public trust.
- National Security Issue:
- These prisoners could pose a significant threat to national security if they escape.
IPC 128 Punishment
Imprisonment:
- Maximum Sentence: A public servant found guilty under IPC 128 can face imprisonment for up to fourteen years.
Financial Penalty:
- Fine: The court can impose a fine on the guilty public servant.
128 IPC bailable or not ?
IPC 128 is a non-bailable offense. This means that getting bail is not a matter of right and is at the discretion of the court. The court may consider factors like the severity of the offense, the accused’s criminal history, and the likelihood of the accused fleeing justice when deciding on bail.
Section 128 IPC in short information:
| Aspect | Details |
|---|---|
| Definition | Public servant voluntarily allowing prisoner of state or war to escape. |
| Offence | Intentional allowance of escape of state prisoner or prisoner of war by public servant |
| Punishment | Imprisonment up to 14 years, and/or fine (as decided by the court) |
| Bailable | Non-bailable |
128 IPC FAQs
What does IPC 128 criminalize?
It criminalizes the act of a public servant intentionally allowing a state prisoner or prisoner of war to escape.
Is it necessary to prove intent under IPC 128?
Yes, there must be an intentional act of allowing the prisoner to escape.
Who is covered under IPC 128?
Public servants who are responsible for the custody of state prisoners or prisoners of war.
Is IPC 128 a bailable offense?
No, IPC 128 is a non-bailable offense, meaning bail is granted at the court’s discretion.
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