Indian Penal Code 1860
Section 221 :
Intentional omission to apprehend on the part of public servant bound to apprehend:
(See section 259 of BNS 2023)
Classification of Offence:
Offence: Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence be capital.
Punishment :Imprisonment for 7 years, With or without fine.
Cognizable or Non-cognizable :According as the offence in relation to which such omission has been made is cognizable or not-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: If punishable with imprisonment for life or imprisonment for 10 years.
Punishment :Imprisonment for 3 years, With or without fine
Cognizable or Non-cognizable :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: If punishable with imprisonment for less than 10 years.
Punishment :Imprisonment for 2 years, With or without fine.
Cognizable or Non-cognizable :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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Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, 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 as follows, that is to say :- 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, was charged with, or liable to be apprehended for, an offence punishable with death;
or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 1.[imprisonment for life] or imprisonment for a term which may extend to ten years;
or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
