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IPC 128 → BNS 156: Escape (Public Servant)

IPC Section 128 (Escape (Public Servant)) under the old Indian Penal Code 1860 is now covered under Section 156 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

128

Escape (Public Servant)

Public servant voluntarily allowing prisoner of state or war to escape

New Law — BNS 2023

156

Escape (Public Servant)

Punishment / Liability
Same - Life or up to 10 years
Key Change / Note
No major change

Facing a case under BNS 156?

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Quick Summary: IPC 128 vs BNS 156

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 128 (Escape (Public Servant)) is now mapped to BNS Section 156.

What did IPC 128 cover?

IPC 128 dealt with escape (public servant)public servant voluntarily allowing prisoner of state or war to escape. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 156: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to escape (public servant) are filed under BNS Section 156. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 156

Same - Life or up to 10 years

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 156 instead of IPC 128.
  • Police officers: Use BNS 156 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 128 ↔ BNS 156 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 128?

IPC Section 128 (Escape (Public Servant)) is now covered under Section 156 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 156?

Same - Life or up to 10 years

What is the key difference between IPC 128 and BNS 156?

No major change

Is IPC 128 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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