BNS Section 264 — Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

CHAPTER XIV OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

Criminal

Summary

This section applies to a public servant who is legally required, because of their role, to arrest someone or to keep that person in confinement. It covers situations that are not already dealt with in section 259, section 260, or section 261, and not covered by any other law currently in force. If such a public servant fails to arrest that person, or allows that person to escape from confinement, the public servant faces punishment.

Under clause (a), if the public servant fails to arrest or allows the escape intentionally, the punishment is imprisonment of either description for up to three years, or a fine, or both.

Under clause (b), if the public servant fails to arrest or allows the escape negligently, the punishment is simple imprisonment for up to two years, or a fine, or both.

Official Text

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.

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 (2025) Vol.5 p.1054 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2024) Vol.10 p.930 — Supreme Court of India (2024)

Old <-> New Code Mapping

  • IPC §225A — Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for