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IPC 1860REPEALED
Section 129
Public Servant Negligently Allowing Prisoner of State or War to Escape
Replaced by: BNS 262
BailableCognizable: Non-CognizableMagistrate First Class
THE STATUTE
Original Text
Whoever, being a public servant and having the custody of any prisoner of state 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.
Simplified
Section 129 is the negligent counterpart to Section 128 — covering situations where a public servant with custody of a prisoner of state or prisoner of war fails to take adequate precautions and the prisoner escapes as a result, without any voluntary intent to facilitate the escape. The dramatic difference in punishment — 3 years simple imprisonment (Section 129) versus life imprisonment (Section 128) — reflects the fundamental moral distinction between intentional facilitation and inadvertent negligence. A guard who falls asleep at their post allowing a prisoner of state to escape faces Section 129; a guard who deliberately leaves the door unlocked faces Section 128. The provision uses 'simple imprisonment' (as opposed to rigorous imprisonment), reflecting the less culpable nature of negligence.
Legal Evolution
Sections 128 and 129 operate as a pair — the intentional and negligent versions of the same custodial failure for the highest-priority prisoners. This graduated approach mirrors the general IPC principle of scaling punishment to culpability.
Practical Scenarios
"A guard who falls asleep on duty allowing a detained state prisoner to escape — Section 129."
"A prison officer who leaves a gate unlocked through carelessness, enabling a prisoner of war to escape — Section 129."
Common Queries
Section 128 requires voluntary, intentional facilitation of a prisoner of state/war's escape — it carries life imprisonment. Section 129 covers negligent escape — where the custodian simply failed to take adequate precautions — and carries only up to 3 years simple imprisonment.