Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
AI Assist
Summary
A public servant who is legally required to arrest someone or keep them in custody, but fails to arrest them or allows them to escape, can be criminally punished. If the omission is intentional, the punishment is imprisonment up to three years, or fine, or both. If the omission is by negligence, the punishment is simple imprisonment up to two years, or fine, or both.
Example
Ravi is a jail warden who lets a detained man walk out of the cell without proper reason. If he did so intentionally, he can face up to three years imprisonment or fine or both. If his failure to secure the cell was negligent, he may face simple imprisonment up to two years or fine or both.
Bare Act
Enacted textWhoever, 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 257, section 258 or section 259, 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 punishe
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(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
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(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
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