For offences committed on or after 1 July 2024 the offence falls under BNS 259(a), which the BNSS First Schedule classifies as bailable and according as the offence in relation to which such omission has been made is cognizable or non-cognizable. Offences committed before that date are charged under the IPC.

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IPC Section 221 in BNS: Section 259

Q: What is IPC 221 in BNS?

IPC Section 221 (Intentional omission to apprehend on the part of public servant bound to apprehend) is Section 259 of the Bharatiya Nyaya Sanhita, 2023.

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

Section 221 of the Indian Penal Code, 1860 (Intentional omission to apprehend on the part of public servant bound to apprehend) corresponds to Section 259 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 259(a) is according as the offence in relation to which such omission has been made is cognizable or non-cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 7 years, with or without fine.

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.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 259

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.

Full BNS Section 259 and every IPC section it replaced →

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