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.
IPC Section 223 in BNS: Section 261
Escape from confinement or custody negligently suffered by public servant
Section 223 of the Indian Penal Code, 1860 (Escape from confinement or custody negligently suffered by public servant) corresponds to Section 261 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 261 is non-cognizable, bailable, triable by Any Magistrate; punishment: Simple imprisonment for 2 years, or fine, or both.
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.
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 261
Full BNS Section 261 and every IPC section it replaced →
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