BNS §259
Intentional omission to apprehend on part of public servant bound to apprehend
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Comparison
221. Intentional omission to apprehend on the 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 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.
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.
What changedAI-inferred
IPC 221 (public servant legally bound to apprehend, intentionally omits to apprehend or aids escape; three-tier punishment based on gravity of underlying offence) is preserved character-identically as BNS 259.
Old position
IPC 221 is concerned with Intentional omission to apprehend on the part of public servant bound to apprehend. Intentional omission to apprehend on the part of public servant bound to apprehend
New position
BNS 259 preserves the framework with drafting modernisations as required by the new code. Topic: 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
IPC 221 (public servant legally bound to apprehend, intentionally omits to apprehend or aids escape; three-tier punishment based on gravity of underlying offence) is preserved character-identically as BNS 259.
Editorial deltaAI-indicated (source-linked)
IPC 221 (public servant legally bound to apprehend, intentionally omits to apprehend or aids escape; three-tier punishment based on gravity of underlying offence) is preserved character-identically as BNS 259.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 221 continues to apply. For matters from that date forward, BNS 259 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 259 (Intentional omission to apprehend on part of public servant bound to apprehend). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §221 → BNS §259 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bns/259.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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