IPC 128 → BNS 156: Escape (Public Servant)

Quick Summary: IPC 128 vs BNS 156

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 128 (Escape (Public Servant)) sits among the IPC's offences against the State and the armed forces — the group the Bharatiya Nyaya Sanhita redrew more heavily than almost any other. Renumbered as BNS 156, the conduct is recast around the sovereignty, unity and integrity of India, with the colonial sedition offence replaced by a distinct provision targeting acts that endanger the nation, so escape (public servant) must now be read through the new framework rather than the repealed IPC 128.

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 for this offence 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, new complaints relating to escape (public servant) are filed under BNS Section 156, while cases registered earlier continue under the old IPC provision 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: Charges for escape (public servant) in this group are grave, typically non-bailable Sessions matters — confirm the required prior sanction and frame them under BNS 156 rather than the repealed IPC 128.
• Police officers: Route a escape (public servant) investigation through the prescribed sanctioning authority and cite BNS 156 in the FIR; procedure follows the BNSS.
• Law students & citizens: Because escape (public servant) in this group carries severe punishment, never rely on the old IPC 128 number when checking your position under the new law.