Public Servant Voluntarily Allowing Prisoner of State or War to Escape - Section 128

Is IPC 128 a cognizable offence or a non-cognizable offence?

Offences under section 128 of IPC are regarded as Cognizable- Offences. In a cognizable offence, a Police officer has the authority to arrest the convict without a warrant and initiate an investigation with or without the permission of a court. The offence under section 128 is triable by the Court of Session.

Is IPC 459 bailable or non-bailable?

The offences under the Section 128 of IPC have been categorized as non-Bailable offences. It is also regarded as a non-compoundable offence under the provisions of CrPC.

What is the punishment for offences under IPC 128?

 As per the provisions of Section 128, IPC, the convicts under this section shall be punished with imprisonment for life or imprisonment for a term which may extend for 10 years. Section 128 also provides for the imposition of fines upon the convicts.

How to file or defend your case having constituents of offences under IPC 128?

In case of a cognizable offence, the Police officer is bound to register an FIR. Before filing an FIR, he can also conduct some kind of preliminary inquiry. 

When someone is charged under section 128 IPC, then it is advised that he/she shall hire an expert lawyer who has experience in dealing with criminal cases. The offence under section 128 is non-bailable due to which it is very difficult for an accused to get bail. Therefore, an expert lawyer will be able to guide on the available defences, pleas, and bargains likely to be offered and the expected result of the trial, depending upon the facts and circumstances of the case. During the trial in a court of law, an experienced lawyer would strive to defend your case and undoubtedly help you, either by obtaining an acquittal or by reducing the punishment.

Important Judgement: Rajendra Singh and State of Bihar ... vs. Kapildeo Singh and Ors. 1978 (26) BLJR 12: This case is still prevailing and continues to give insights on the accusations made on the Public Servant. Under this case, it has been observed that when a complaint is made to a criminal court against any police officer and an allegation is made indicating that the police officer had acted or purported to act under Sections 127 and section 128 of the Code and in so doing committed some offence complained of, the Court will not hear the complaint unless it appears that the State Government had sanctioned the prosecution of that police officer.

If the allegations in the complaint do not reflect these facts, the Court can have no ground for looking at the sanction of the Government and in the absence of such a sanction for refusing to hear the complaint. It must proceed with the complaint in a similar manner as it would have done in connection with complaints against any other order. 

Get in touch with the best lawyer online

Conclusion - In this blog, we discussed section 128 of IPC which deals with “Public servants voluntarily allowing prisoners of state or war to escape”. Offences against the State play a significant role in maintaining and regulating public order. The people of the State have the right to criticize the Government’s policies, however, they should not misuse their freedom to cause harm to the people around them or the Government. Waging war against India and against power is considered a punishable offence. The law also protects the high officials, such as the President, the Governor of every State, etc. in case of assault against them. Thus, it can be concluded that the State needs to restrict the freedom of the people of the country for the betterment of the State.