259. 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.
BNS Section 259: Intentional omission to apprehend on part of public servant bound to apprehend
Section 259 of the Bharatiya Nyaya Sanhita, 2023 deals with intentional omission to apprehend on part of public servant bound to apprehend. It replaces IPC 221 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 259(a) is according as the offence in relation to which such omission has been made is cognizable or non-cognizable and bailable; 259(b) is cognizable and bailable; 259(c) is cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 259(a) | Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence is punishable with death. | Imprisonment for 7 years, with or without fine. | According as the offence in relation to which such omission has been made is cognizable or non-cognizable | Bailable | Magistrate of the first class |
| 259(b) | If punishable with imprisonment for life or imprisonment for 10 years. | Imprisonment for 3 years, with or without fine. | Cognizable | Bailable | Magistrate of the first class |
| 259(c) | If punishable with imprisonment for less than 10 years. | Imprisonment for 2 years, with or without fine. | Cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 259
IPC sections replaced
- IPC 221: Intentional omission to apprehend on the part of public servant bound to apprehend
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