Bharatiya Nyaya Sanhita 2023
Section 264 :
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for :
(See section 225A of IPC 1860)
Section : 264
Classification of Offence:
Offence : Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:–
(a) in case of intentional omission or sufferance;
Punishment : Imprisonment for 3 years, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Offence : (b) in case of negligent omission or sufferance.
Punishment : Simple imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Whoever, 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 punished—
(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
(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Indian Penal Code 1860 (IPC 1860)
Section 225A :
1.[Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for:
(See section 264 of BNS 2023)
Classification of Offence:
Offence: Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:–
(a) in case of intentional omission or sufferance;
Punishment :Imprisonment for 3 years, or fine , or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the First class
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Offence: (b) in case of negligent omission or sufferance.
Punishment :Simple imprisonment for 2 years, or fine , or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate.
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Whoever 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 –
(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
(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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1. Subs. by Act 10 of 1886, s. 24(1), for section 225A which had been ins. by Act 27 of 1870, s. 9.