Criminal Law Book 2 Lecture

Under Arts. 223, 224 & 225, we have I NFI DELI TY I N THE CUSTODY OF
PRI SONERS (ICP).

Under Art. 223, ICP is committed by any public officer or employee who has been
entrusted with the custody of a prisoner whether by final judgment or a mere
detention prisoner and the said prisoner escapes because he connives or consented
with the escape of the said prisoner. CONNI VI NG WI TH OR CONSENTI NG TO
EVASI ON

Under Art. 224, ICP is committed by a public officer who has been entrusted with
the custody of a prisoner either a prisoner convicted by final judgment or a mere
detention prisoner and the said prisoner escapes by reason of the negligence of the
said public officer. EVASI ON THROUGH NEGLI GENCE

And under Art. 225 ICP is committed by a private individual who has been
confided with the custody of a prisoner or a person under arrest and the said
prisoner or person under arrest escapes either because the said private individual or
custodian consented with the escape or by reason of his negligence. ESCAPE OF
PRI SONER UNDER THE CUSTODY OF A PERSON NOT A PUBLI C
OFFI CER

So ICP can be committed both by a public officer (PO) or employee (EE) or a
private individual (PI). It is however, required that whether he is a PO or a PI, he
must be entrusted with the custody of the said prisoner. Thats why it is infidelity
because there was the element of trust & confidence reposed on him by the State in
so far as the prisoners are concerned.

Prisoners are accountabilities; responsibilities of the State. Hence, if a person has
been entrusted with the custody of a prisoner, he should not allow the said prisoner
to escape.