Bharatiya Nyaya Sanhita, 2023 · Section 261

BNS 261: earlier IPC 223

Section 261 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 223 of the Indian Penal Code, 1860. BNS 261 deals with escape from confinement or custody negligently suffered by public servant. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 261 was IPC 223.

Escape from confinement or custody negligently suffered by public servant.

Carried over
Old wording kept in full
Old · IPC 1860 · Ch. XI
s. 223
Escape from confinement or custody negligently suffered by public servant
Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence 1[or lawfully committed to custody], negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Text from the official India Code PDF
New · BNS 2023 · Ch. XIV
s. 261
Escape from confinement or custody negligently suffered by public servant.
Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Text from India Code
Old classification · CrPC First Schedule, for IPC 223
CognizableNon-cognizable
BailableBailable
PunishmentSimple imprisonment for 2 years, or fine, or both.
Triable byAny Magistrate.
For an offence under the BNS, check the First Schedule of the BNSS.
Judgments on s. 223 IPCBNS 261 on India Code Source: NCRB section table
Related sectionsIPC 223 · Escape from confinement or custody n…
BNS 260 · Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.BNS 262 · Resistance or obstruction by a person to his lawful apprehension.

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