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Introduction of Section 157 BNS

157 BNS deals with the situation where a public servant, responsible for keeping a state prisoner or prisoner of war, allows that prisoner to escape due to negligence. This section emphasizes carelessness, not intentional actions, and lays out the punishment for such negligence.


The Bharatiya Nyaya Sanhita (BNS) Section 157 replaces the old Indian Penal Code (IPC) Section 129.



What is BNS Section 157 ?

BNS Section 157 applies to public servants who have custody of state prisoners or prisoners of war and allow them to escape due to negligence. The law imposes penalties for this carelessness, including imprisonment for up to three years and a fine. It covers situations where there is no deliberate intent to let the prisoner escape.


Public servants' negligence leading to prisoner escape
Public servants held liable for prisoner escape under BNS 157

BNS 157 in Simple Points

  1. Negligent Conduct by Public Servants:
    • BNS Section 157 addresses the issue where a public servant, who is responsible for the custody of a prisoner (either a state prisoner or a prisoner of war), acts negligently. This means the public servant failed to take necessary precautions or perform duties properly, resulting in the escape of the prisoner.
  2. Scope of Negligence:
    • Negligence under this section includes any form of careless behavior or lack of due diligence that allows a prisoner to escape. It does not cover deliberate or intentional acts to help the prisoner escape but focuses solely on failures in fulfilling the duty of care.
  3. Imprisonment and Fines:
    • The punishment for this offence includes simple imprisonment for up to three years. Additionally, the offender may also face a monetary fine. The term “simple imprisonment” means confinement that is not harsh or rigorous.
  4. Legal Process:
    • This offence is classified as cognizable, meaning that the police can arrest the offender without a warrant. It is also bailable, which allows the accused to seek bail. The case will be tried by a Magistrate of the First Class, who has the authority to handle such cases.
  5. Non-compoundable Nature:
    • The offence is non-compoundable, meaning it cannot be settled through mutual agreement between the accused and the aggrieved party. It requires a formal court process to resolve the matter, ensuring that justice is administered according to the law.

Section 157 BNS Overview

This section talks about a situation where a public servant, like a police officer or jailer, is responsible for a prisoner and lets that prisoner escape by being careless or negligent. If this happens, the public servant can be punished with imprisonment and a fine.

10 Key Points of BNS Section 157

  1. Who It Applies To:
    This section is only for public servants, such as police officers, jail staff, or military personnel who are in charge of prisoners.
  2. Type of Prisoners Involved:
    The law applies to both State prisoners (people arrested for crimes against the State) and prisoners of war (enemies captured during wartime).
  3. Negligence of the Public Servant:
    The public servant must have been negligent, meaning they didn’t do their job properly, leading to the prisoner’s escape. The escape must be because of their carelessness.
  4. Type of Escape:
    The escape must happen from a place where the prisoner is supposed to be confined, like a jail, prison, or detention center.
  5. Punishment – Imprisonment:
    If a public servant is found guilty of letting a prisoner escape, they can be punished with simple imprisonment for up to 3 years.
  6. Punishment – Fine:
    Besides imprisonment, the public servant will also have to pay a fine. The amount of the fine is decided by the court.
  7. Cognizable Offense:
    This offense is cognizable, which means the police can arrest the public servant without a warrant if they suspect negligence.
  8. Bailable Offense:
    The offense is bailable, meaning the public servant can apply for bail and may be released from custody while waiting for the trial.
  9. Non-Compoundable Offense:
    This offense is non-compoundable, meaning it cannot be settled out of court between the public servant and the authorities.
  10. Trial by Magistrate:
    The trial for this offense will be conducted by a Magistrate of the first class, which is a type of judge who handles more serious cases.

Two Examples of BNS Section 157

  1. Example 1:
    A jailer in charge of a prisoner of war forgets to lock the cell door properly. The prisoner escapes during the night because of this carelessness. The jailer can be punished under Section 157 for negligence.
  2. Example 2:
    A police officer is supposed to transport a State prisoner from the court to the jail. The officer is not paying attention, and the prisoner runs away during the journey. The officer could be charged under this section for letting the prisoner escape due to negligence.

BNS 157 Punishment

Imprisonment:
A public servant guilty of negligence can face simple imprisonment for up to three years.

Fine:
Along with imprisonment, the court may also impose a fine on the public servant responsible for the negligence.


Punishment under BNS 157: Imprisonment and fine
Public servants face prison and fines under BNS 157

BNS 157 bailable or not ?

Yes, BNS Section 157 is a bailable offense. This means that the accused public servant can apply for and be granted bail during the trial process.


Bharatiya Nyaya Sanhita Section 157

CategoryDetails
OffenseNegligently allowing a state prisoner or prisoner of war to escape
Type of CrimeCognizable
Bailable or Non-BailableBailable
PunishmentSimple imprisonment for up to 3 years and fine
Compoundable or NotNon-compoundable
Trial ByMagistrate of the first class
Bharatiya Nyaya Sanhita Section 157

BNS Section 157 FAQs

What does BNS Section 157 cover?

Is BNS Section 157 a serious offense?

What is the punishment under BNS Section 157?

The punishment is simple imprisonment for up to three years and a fine.

Can someone be granted bail under BNS Section 157?

Who tries cases under BNS Section 157?


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