261. 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.
BNS Section 261: Escape from confinement or custody negligently suffered by public servant
Section 261 of the Bharatiya Nyaya Sanhita, 2023 deals with escape from confinement or custody negligently suffered by public servant. It replaces IPC 223 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 261 is non-cognizable and bailable.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 261 | Escape from confinement negligently suffered by a public servant. | Simple imprisonment for 2 years, or fine, or both. | Non-cognizable | Bailable | Any Magistrate |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 261
IPC sections replaced
- IPC 223: Escape from confinement or custody negligently suffered by public servant
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