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 textWhoever, 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.
Previous year papers
Pick your exam. we'll email the most recent paper.