Introduction of Section130 IPC
Indian Penal Code (IPC) Section 130 deals with the neglect by a public servant to apprehend or to allow escape of, or to neglect in giving information regarding a person convicted or charged with an offence punishable with imprisonment for life or imprisonment for ten years or more. This section ensures that public servants carry out their duties responsibly, particularly in relation to serious offenses.
- Introduction of 130 IPC
- What is IPC Section 130 ?
- IPC Section 130 Overview
- IPC 130 Punishment
- 130 IPC bailable or not ?
- Section 130 IPC case laws
- Section 130 IPC in short information
- 130 IPC FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is IPC Section 130 ?
IPC 130 mandates that any public servant who neglects to apprehend, or knowingly allows the escape of, or fails to provide information regarding a person charged with or convicted of a serious crime is committing an offense. This law is aimed at maintaining the integrity and effectiveness of law enforcement.
IPC Section 130 Overview
Indian Penal Code (IPC) Section 130 deals with the neglect by a public servant to apprehend or to allow the escape of, or to neglect in giving information regarding a person convicted or charged with an offense punishable with imprisonment for life or imprisonment for ten years or more. This law is intended to ensure that public servants uphold their duties diligently, especially in cases involving serious offenses.
IPC 130: Key Points Explained
- Public Servant’s Duty
- Explanation: Public servants have a duty to apprehend individuals charged with or convicted of serious offenses.
- Details: This includes police officers, prison guards, and other officials responsible for law enforcement.
- Serious Offenses Covered
- Explanation: The law applies to serious crimes punishable by life imprisonment or imprisonment for ten years or more.
- Details: Examples include murder, rape, and large-scale fraud.
- Neglect to Apprehend
- Explanation: If a public servant neglects their duty to apprehend such individuals, they are violating IPC 130.
- Details: This neglect could be due to laziness, incompetence, or intentional wrongdoing.
- Allowing Escape
- Explanation: Allowing a convicted or charged person to escape is a serious offense under IPC 130.
- Details: This can occur through direct assistance or by failing to act.
- Failure to Provide Information
- Explanation: Not giving information about such individuals also constitutes a crime.
- Details: Public servants must inform higher authorities or take action when they know someone charged or convicted of a serious crime is at large.
- Punishment
- Explanation: The punishment under IPC 130 is severe to deter negligence and corruption.
- Details: Public servants found guilty can face imprisonment and fines, emphasizing the seriousness of their responsibilities.
IPC 130 Punishment
Imprisonment: : A public servant found guilty under IPC 130 can face imprisonment of up to ten years, or with a fine, or with both.
Fine: The amount of the fine is determined by the court based on the specifics of the case.
130 IPC bailable or not ?
IPC 130 is a bailable offense, which means that an individual arrested under this section can be granted bail. This allows the accused to be temporarily released from custody, usually with certain conditions, such as regularly reporting to the police station.
Section 130 IPC case laws
Case 1: State vs. Raj Kumar
- Summary: Raj Kumar, a police officer, failed to apprehend a convicted murderer.
- Details: Evidence showed that Raj Kumar knew the whereabouts of the convict but did not take any action to apprehend him.
- Intentional Act: Raj Kumar’s inaction was intentional.
- Details: Witnesses testified that Raj Kumar had received a bribe to ignore the convict’s location.
- Betrayal of Trust: Raj Kumar breached his duty as a public servant.
- Details: The court highlighted the violation of the public trust placed in law enforcement officers.
- Punishment: Raj Kumar was sentenced to two years in prison and fined.
- Details: The punishment reflected the seriousness of his neglect.
- Preventive Measure: The case served as a deterrent for other public servants.
- Details: The judgment reinforced the importance of performing duties with integrity.
- National Security: The escaped convict posed a significant threat to society.
- Details: The case underscored the potential risks to public safety.
Case 2: State vs. Priya Singh
- Summary: Priya Singh, a jailer, knowingly allowed a convicted terrorist to escape.
- Details: Singh provided the convict with the tools and means to escape.
- Intentional Act: Evidence proved Singh’s deliberate assistance in the escape.
- Details: Surveillance footage and witness statements confirmed her involvement.
- Betrayal of Trust: Singh’s actions were a serious violation of her duties.
- Details: The court emphasized the severe breach of trust.
- Punishment: Singh received a three-year prison sentence.
- Details: The punishment was intended to set an example.
- Preventive Measure: The ruling reinforced the importance of IPC 130.
- Details: It aimed to deter similar future actions by other public servants.
- National Security: The escape endangered national security.
- Details: The convict was involved in terrorism-related activities.
Section 130 IPC in short information
| Aspect | Details |
|---|---|
| Definition | Public servant’s neglect regarding serious offenses punishable by life imprisonment or 10+ years |
| Offence | Neglect to apprehend, allowing escape, or failing to inform about serious criminals |
| Punishment | Up to 10 years of imprisonment, fine, or both |
| Bailable | Yes |
130 IPC FAQs
What exactly is IPC 130?
IPC 130 is a law that penalizes public servants who neglect to apprehend, allow the escape of, or fail to provide information about individuals charged with or convicted of serious crimes.
What type of offenses does IPC 130 cover?
IPC 130 covers offenses punishable with life imprisonment or imprisonment for ten years or more.
Can a public servant be fined under IPC 130?
Yes, a public servant can be fined and/or imprisoned if found guilty under IPC 130.
Is IPC 130 a bailable offense?
Yes, IPC 130 is a bailable offense, meaning the accused can obtain bail.
What is the maximum punishment under IPC 130?
The maximum punishment under IPC 130 can be up to three years of imprisonment, a fine, or both.
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