Bharatiya Nyaya Sanhita, 2023 · Section 260

BNS 260: earlier IPC 222

Section 260 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 222 of the Indian Penal Code, 1860. BNS 260 deals with intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed. The Bharatiya Nyaya Sanhita came into force on 1 July 2024.

Bharatiya Nyaya Sanhita

BNS 260 was IPC 222.

Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.

Carried over
92% of the old wording kept
Old · IPC 1860 · Ch. XI
s. 222
Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence 2[or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:— with 1[imprisonment for life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 1[imprisonment for life] 3*** 4*** 5*** 6*** or imprisonment for a term of ten years, or upwards; or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended is subject by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years 2[or if the person was lawfully committed to custody].
Text from the official India Code PDF
New · BNS 2023 · Ch. XIV
s. 260
Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished,—
(a) with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or
(b) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or
(c) with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended, is subject by a sentence of a Court to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.
Text from India Code
Old classification · CrPC First Schedule, for IPC 222
Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court of Justice if under sentence of death.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for life, or imprisonment for 14 years, with or without fine.
Triable byCourt of Session.
If under sentence of imprisonment for life or imprisonment for 10 years, or upwards.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for 7 years, with or without fine.
Triable byMagistrate of the first class.
If under sentence of imprisonment for less than 10 years or lawfully committed to custody.
CognizableCognizable
BailableBailable
PunishmentImprisonment for 3 years, or fine, or both.
Triable byMagistrate of the first class.
For an offence under the BNS, check the First Schedule of the BNSS.

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