Legal Provisions of Section 129 of Indian Penal Code, 1860.
Public servant negligently suffering such prisoner to escape:
Sections 128, 129 and 130 of the Code are only slightly different from each other. Under section 129 whoever, being a public servant and having the custody of any state prisoner or prisoner of war suffers such prisoner to escape from his place of confinement by his own negligence, shall be punished with simple imprisonment for a term extending up to three years, and shall also be liable to fine.
ADVERTISEMENTS:
This offence being on account of an act of negligence, the punishment provided is only a simple imprisonment and that too only up to three years. On the other hand, the offence under section 128 being on account of a voluntary act, the punishment there is severer. This section is also similar to section 223 of the Code wherein a public servant negligently allows an ordinary prisoner to escape.
The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session, metropolitan magistrate or magistrate of the first class.
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