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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter XIVSection 260
Section260

Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

AI Assist

Summary

A public servant who is legally bound to arrest or detain someone but intentionally omits arrest, knowingly lets them escape, or helps them attempt escape commits a criminal offence. Punishment depends on the prisoner's sentence: death sentence leads to life imprisonment or up to 14 years (with or without fine); life or ten years and above leads to up to 7 years (with or without fine); shorter sentences or lawful commitment lead to up to 3 years, or fine, or both.

Example

Ravi is a jail superintendent who deliberately leaves a prisoner under a death sentence unguarded and helps him escape. Under this rule, Ravi can be punished with life imprisonment or with imprisonment up to 14 years, with or without fine.

Bare Act

Enacted text

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or lawfully committed to custody, 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 for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or

  • (b) 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, is subject, by a sentence of a Court or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or

  • (c) with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended is subject by a sentence of a Court to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.

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XIV

Chapter XIV

Of False Evidence And Offences Against Public Justice

In this chapter

  • 227Giving false evidence
  • 228Fabricating false evidence
  • 229Punishment for false evidence
  • 230Giving or fabricating false evidence with intent to procure conviction of capital offence
  • 231Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
  • 232Threatening any person to give false evidence
  • 233Using evidence known to be false
  • 234Issuing or signing false certificate
  • 235Using as true a certificate known to be false
  • 236False statement made in declaration which is by law receivable as evidence
  • 237Using as true such declaration knowing it to be false
  • 238Causing disappearance of evidence of offence, or giving false information to screen offender
  • 239Intentional omission to give information of offence by person bound to inform
  • 240Giving false information respecting an offence committed
  • 241Destruction of document or electronic record to prevent its production as evidence
  • 242False personation for purpose of act or proceeding in suit or prosecution
  • 243Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
  • 244Fraudulent claim to property to prevent its seizure as forfeited or in execution
  • 245Fraudulently suffering decree for sum not due
  • 246Dishonestly making false claim in Court
  • 247Fraudulently obtaining decree for sum not due
  • 248False charge of offence made with intent to injure
  • 249Harbouring offender
  • 250Taking gift, etc., to screen an offender from punishment
  • 251Offering gift or restoration of property in consideration of screening offender
  • 252Taking gift to help to recover stolen property, etc
  • 253Harbouring offender who has escaped from custody or whose apprehension has been ordered
  • 254Penalty for harbouring robbers or dacoits
  • 255Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
  • 256Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
  • 257Public servant in judicial proceeding corruptly making report, etc., contrary to law
  • 258Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
  • 259Intentional omission to apprehend on the part of public servant bound to apprehend
  • 260Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
  • 261Escape from confinement or custody negligently suffered by public servant
  • 262Resistance or obstruction by a person to his lawful apprehension
  • 263Resistance or obstruction to lawful apprehension of another person
  • 264Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
  • 265Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
  • 266Violation of condition of remission of punishment
  • 267Intentional insult or interruption to public servant sitting in judicial proceeding
  • 268Personation of an assessor
  • 269Failure by person released on bail or bond to appear in court
Previous · Section 259Intentional omission to apprehend on the part of public servant bound to apprehendNext · Section 261Escape from confinement or custody negligently suffered by public servant