Legal Dictionary of Pakistan

negligent escape

A prisoner's departure from legal custody as a result of an officer's negligence. "Escapes are either voluntary, or negligent. Voluntary are such as are by the express consent of the keeper, after which he never can retake his prisoner again, (though the plaintiff may retake him at any time) but the sheriff must answer for the debt. Negligent escapes are where the prisoner escapes without his keeper's knowledge or consent; and then upon fresh pursuit the defendant may be retaken, and the sheriff shall be excused, if he has him again before any action brought against himself for the escape." 3 William Blackstone, Commentaries on the Laws of England 415-16 (1768).