260. 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.
BNS Section 260: Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
Section 260 of the Bharatiya Nyaya Sanhita, 2023 deals with intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. It replaces IPC 222 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 260(a) is cognizable and non-bailable; 260(b) is cognizable and non-bailable; 260(c) is cognizable and bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 260(a) | Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court if under sentence of death. | Imprisonment for life, or imprisonment for 14 years, with or without fine. | Cognizable | Non-bailable | Court of Session |
| 260(b) | If under sentence of imprisonment for life or imprisonment for 10 years, or upwards. | Imprisonment for 7 years, with or without fine. | Cognizable | Non-bailable | Magistrate of the first class |
| 260(c) | If under sentence of imprisonment for less than 10 years or lawfully committed to custody. | Imprisonment for 3 years, or fine, or both. | Cognizable | Bailable | Magistrate of the first class |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 260
IPC sections replaced
- IPC 222: Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
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