Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
Section 225A of the Indian Penal Code, 1860 (Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for) corresponds to Section 264 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 264 is non-cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 3 years, or fine, or both.
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.
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.