BNS Section 259 — Intentional omission to apprehend on part of public servant bound to apprehend

Summary

This section deals with a public servant who is legally required to apprehend someone, or keep someone in confinement, for an offence. If that public servant intentionally fails to apprehend the person, or intentionally lets the person escape, or intentionally helps the person escape or try to escape from confinement, the public servant commits an offence under this section. The punishment depends on the seriousness of the offence the person was charged with or liable to be apprehended for.

Under clause (a), if the person in confinement, or who should have been apprehended, was charged with or liable to be apprehended for an offence punishable with death, the public servant can be punished with imprisonment of either description for a term up to seven years, with or without fine.

Under clause (b), if the person in confinement, or who should have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term up to ten years, the public servant can be punished with imprisonment of either description for a term up to three years, with or without fine.

Under clause (c), if the person in confinement, or who should have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for a term of less than ten years, the public servant can be punished with imprisonment of either description for a term up to two years, with or without fine.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §221 — Intentional omission to apprehend on part of public servant bound to apprehend