Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
AI Assist
Summary
Public servants who are legally required to arrest someone or keep them in custody must not omit the arrest or allow the person to escape, unless another law already provides for the case. If they intentionally fail or permit escape, they can be punished with up to three years' imprisonment, fine, or both. If the failure is due to negligence, punishment is up to two years' simple imprisonment, fine, or both.
Example
Ravi is held at a police lock-up after a theft complaint. The officer negligently leaves the cell unlocked and Ravi escapes; the officer can be punished with up to two years' simple imprisonment, a 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 221, section 222 or section 223, 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:
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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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