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BNS Section 264: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

Section 264 of the Bharatiya Nyaya Sanhita, 2023 deals with omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. It replaces IPC 225A of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 264 is non-cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
264(a) in case of intentional omission or sufferance;Imprisonment for 3 years, or fine, or both.Non-cognizableBailableMagistrate of the first class
264(b) in case of negligent omission or sufferance.Simple imprisonment for 2 years, or fine, or both.Non-cognizableBailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 264

264. Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished—

(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and

(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

IPC sections replaced

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