Intentional omission to apprehend on the part of public servant bound to apprehend
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Summary
A public servant who is legally bound to arrest or keep someone in custody but intentionally fails to arrest them, lets them escape, or helps their escape commits an offence. The penalty depends on how serious the accused's charge is: up to seven years (and/or fine) if the offence is punishable with death; up to three years (and/or fine) if punishable with life or up to ten years; up to two years (and/or fine) if punishable with less than ten years.
Example
Ravi, a jailer, is legally bound to keep a man charged with theft in custody. He intentionally opens the gate and lets the man escape. Under this rule Ravi can be punished with up to two years imprisonment and a fine.
Bare Act
Enacted textWhoever, 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,
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(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
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(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
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(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.
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