Question

Under Section 156 of the BNS, 2023, U, a prison superintendent, is in official custody of V, a prisoner classified as a "State prisoner" detained under national security laws. While conducting a prison inspection tour, U deliberately leaves an unused storage room containing emergency exits unlocked and removes U's usual security personnel from that section, knowing that V is housed nearby and is a skilled escape artist. U's intention is to deliberately facilitate V's escape, motivated by political ideology. V subsequently escapes through the storage room exit. Which of the following correctly determines U's criminal liability under Section 156?

A U is not liable under Section 156 because the escape occurred through abandoned infrastructure rather than through U's direct physical assistance
B U is liable under Section 156 because he, being a public servant in custody of a State prisoner, voluntarily allowed such prisoner to escape through deliberate omission and creation of escape opportunity
C U is liable under Section 156 only if V successfully reached a foreign country or evaded recapture for more than 30 days; immediate recapture negates the offence
D U is liable under Section 156 but with reduced punishment because his motivation was ideological rather than financial, attracting leniency considerations
E U is not liable under Section 156 because the escape resulted from V's individual action and skill; Section 156 applies only to cases of direct physical assistance or collusion
Practice Next

Hey! Ask a query