Any police officer who fails to arrest a suspect can be punished under this section.

Courts have clarified that the failure must be intentional; honest mistakes, lack of resources, or genuine inability to locate a suspect do not amount to an offence under this section.

This section only applies to police officers.

The section applies broadly to any 'public servant' who is legally bound to arrest or detain someone, which can include certain jail officials, magistrates' staff, or other officers with such duties, not just police.

Indian Penal Code, 1860

Section 221

repealed

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

Whoever, being a pubic 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:§

Why this exists

The Indian Penal Code was drafted in 1860 to build a uniform criminal justice system across British India. Sections 221-223 (this being one of them) were designed to protect the integrity of law enforcement itself, ensuring that officers entrusted with arrest and custody powers do not misuse or neglect them, whether through corruption, favoritism, or negligence. The provision reflects a colonial-era concern that the machinery of justice could be undermined from within by its own officials.

How courts read it

Courts have generally held that the word 'intentionally' is central to this offence: mere negligence or an honest mistake by a public servant in failing to arrest someone is not enough to convict under this section. Prosecutions require clear evidence that the public servant knew of their legal duty and deliberately chose not to act, or deliberately assisted an escape. Indian courts have distinguished this from departmental lapses, which may attract disciplinary action but not criminal liability under this section.

Common misconceptions

Myth: Any police officer who fails to arrest a suspect can be punished under this section.
Fact: Courts have clarified that the failure must be intentional; honest mistakes, lack of resources, or genuine inability to locate a suspect do not amount to an offence under this section.
Myth: This section only applies to police officers.
Fact: The section applies broadly to any 'public servant' who is legally bound to arrest or detain someone, which can include certain jail officials, magistrates' staff, or other officers with such duties, not just police.