4. (Law) The unlawful permission, by a jailer or other custodian, of a prisoner's departure from custody.
Escape is technically distinguishable from prison breach, which is the unlawful departure of the prisoner from custody, escape being the permission of the departure by the custodian, either by connivance or negligence. The term escape, however, is applied by some of the old authorities to a departure from custody by stratagem, or without force. Wharton.