सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 259

Intentional omission to apprehend on part of public servant bound to apprehend

Why this exists

This provision, earlier Section 221 of the Indian Penal Code, 1860, holds public servants accountable when they deliberately fail in their duty to arrest or detain someone who is supposed to be in custody, recognizing that such lapses (especially when intentional) can let dangerous offenders roam free and undermine the entire system of custody and arrest.

Common misconceptions
  • Myth: An officer can only be punished for helping a prisoner escape if money or a bribe is proven.
    Fact: The offence is complete simply from intentionally failing to arrest, intentionally letting someone escape, or intentionally aiding an escape - proof of a bribe is not a required element, though it may be separately relevant.