Indian Penal Code 1860
Section 222 :
Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed:
(See section 260 of BNS 2023)
Classification of Offence:
Offence: Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court of Justice if under sentence of death.
Punishment :Imprisonment for life, or Imprisonment for 14 years, With or without fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Offence: If under sentence of imprisonment for life or imprisonment for 10 years, or upwards.
Punishment :Imprisonment for 7 years, With or without fine
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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Offence: If under sentence of imprisonment for less than 10 years or lawfully committed to custody.
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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Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence 1.[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 as follows, that is to say :-
with 2.[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 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 of Justice, or by virtue of a commutation of such sentence, to 2.[imprisonment for life] 3.[***]4.[***]5.[***]6.[***]or imprisonment for a term of ten years or upwards; or 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 sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years 7.[or if the person was lawfully committed to custody].
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.
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1. Ins. by Act 27 of 1870, s. 8.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. The words ‘or penal servitude for life” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
4. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
5. The word “transportation” omitted by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
6. The words “or penal servitude” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
7. Ins. by Act 27 of 1870, s. 8.
