Indian Penal Code, 1860 · Section 221

IPC 221 in BNS: Section 259

Section 221 of the Indian Penal Code, 1860 corresponds to Section 259 of the Bharatiya Nyaya Sanhita, 2023. IPC 221 deals with intentional omission to apprehend on the part of public servant bound to apprehend. The Bharatiya Nyaya Sanhita came into force on 1 July 2024, replacing the IPC.

Indian Penal Code

IPC 221 is now BNS 259.

Intentional omission to apprehend on the part of public servant bound to apprehend

Carried over
97% of the old wording kept
Old · IPC 1860 · Ch. XI
s. 221
Intentional omission to apprehend on the part of public servant bound to apprehend
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, 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 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, was charged with, or liable to be apprehended for, an offence punishable with death; or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 1[imprisonment for life] or imprisonment for a term which may extend to ten years; or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
Text from the official India Code PDF
New · BNS 2023 · Ch. XIV
s. 259
Intentional omission to apprehend on part of public servant bound to apprehend.
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, 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 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, was charged with, or liable to be apprehended for, an offence punishable with death; or
(b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or
(c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
Text from India Code
Old classification · CrPC First Schedule, for IPC 221
Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence be capital.
CognizableAccording as the offence in relation to which such omission has been made is cognizable or non- cognizable.
BailableBailable
PunishmentImprisonment for 7 years, with or without fine.
Triable byMagistrate of the first class.
If punishable with imprisonment for life or imprisonment for 10 years.
CognizableCognizable
BailableBailable
PunishmentImprisonment for 3 years, with or without fine.
Triable byMagistrate of the first class.
If punishable with imprisonment for less than 10 years.
CognizableCognizable
BailableBailable
PunishmentImprisonment for 2 years, with or without fine.
Triable byMagistrate of the first class.
For an offence under the BNS, check the First Schedule of the BNSS.
Judgments on s. 221 IPCBNS 259 on India Code Source: NCRB section table
Related sectionsBNS 259 · Intentional omission to apprehend on…
IPC 220 · Commitment for trial or confinement by person having authority who knows that he is acting contrary to lawIPC 222 · Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

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