Bharatiya Nyaya Sanhita, 2023
Section 259
Intentional omission to apprehend on part of public servant bound to apprehend
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,—
(a) 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
(b) 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 imprisonment for life or imprisonment for a term which may extend to ten years; or
(c) 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.
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.