Section 128 of Indian Penal Code, 1860:
Whoever, being a public servant and having the custody of any State prisoner or prisoners of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
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Ingredients of offence:
The essential ingredients of the offence under Section 128 are as follows:
(1) Accused was a public servant;
(2) He had custody of such prisoner;
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(3) Such prisoner was a prisoner of State or war prisoner;
(4) Accused allowed the escape of such person from his custody;
(5) Accused did it voluntarily.