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IPC Section 222 in BNS: Section 260

Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

Section 222 of the Indian Penal Code, 1860 (Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed) corresponds to Section 260 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 260(a) is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for life, or imprisonment for 14 years, with or without fine.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable 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.CognizableNon-bailableCourt 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.CognizableNon-bailableMagistrate 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.CognizableBailableMagistrate 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 260

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

Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

Public servant in judicial proceeding corruptly making report, etc., contrary to law.

Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.

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

Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.

Escape from confinement or custody negligently suffered by public servant.

Resistance or obstruction by a person to his lawful apprehension.

Resistance or obstruction to lawful apprehension of another person.

(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.

Full BNS Section 260 and every IPC section it replaced →

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