BNS §260
Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
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Comparison
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.—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 2[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 1[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 1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956). 2. Ins. by Act 27 of 1870, s. 8. 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 1[imprisonment for life] 1*** 2*** 3*** 4*** 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 a sentence of a Court of Justice, to imprisonment for a term not extending to ten years 2[or if the person was lawfully committed to custody].
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 for any offence 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,—
(a) with 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
(b) 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, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or
(c) 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.
What changedAI-inferred
IPC 222 (public servant legally bound to apprehend person under sentence or lawfully committed to custody; three-tier punishment) is preserved character-identically as BNS 260.
Old position
IPC 222 is concerned with Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
New position
BNS 260 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 person under sentence or lawfully committed. 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 for any offence or lawfully committed to custody, intentionally omits to apprehend such
IPC 222 (public servant legally bound to apprehend person under sentence or lawfully committed to custody; three-tier punishment) is preserved character-identically as BNS 260.
Editorial deltaAI-indicated (source-linked)
IPC 222 (public servant legally bound to apprehend person under sentence or lawfully committed to custody; three-tier punishment) is preserved character-identically as BNS 260.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 222 continues to apply. For matters from that date forward, BNS 260 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 260 (Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed). 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 §222 → BNS §260 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/260.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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