BNS §261
Escape from confinement or custody negligently suffered by public servant
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223. Escape from confinement or custody negligently suffered by public servant.—Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence 5[or lawfully committed to custody], negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
What changedAI-inferred
IPC 223 (public servant negligently suffering escape from confinement; simple imprisonment up to 2 years) is preserved character-identically as BNS 261.
Old position
IPC 223 is concerned with Escape from confinement or custody negligently suffered by public servant. Escape from confinement or custody negligently suffered by public servant
New position
BNS 261 preserves the framework with drafting modernisations as required by the new code. Topic: Escape from confinement or custody negligently suffered by public servant. Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement,
IPC 223 (public servant negligently suffering escape from confinement; simple imprisonment up to 2 years) is preserved character-identically as BNS 261.
Editorial deltaAI-indicated (source-linked)
IPC 223 (public servant negligently suffering escape from confinement; simple imprisonment up to 2 years) is preserved character-identically as BNS 261.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 223 continues to apply. For matters from that date forward, BNS 261 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 261 (Escape from confinement or custody negligently suffered by public servant). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Government source
The statutory text above is compiled from the Act as published by the Government of India. The links open the full Act; use the PDF's search to find the section number. The linked government pages offer no link to a single section.
Bharatiya Nyaya Sanhita, 2023 · §261
View government sourcemha.gov.in(opens the Bharatiya Nyaya Sanhita, 2023 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
Indian Penal Code, 1860 · §223
View government sourcemha.gov.in(opens the Indian Penal Code, 1860 PDF on mha.gov.in in a new tab)Ministry of Home Affairs, Government of India · PDF
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Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §223 → BNS §261 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/bns/261.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.