IPC §221 → BNS §259
Intentional omission to apprehend on the part of public servant bound to apprehend
Jump to section
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.
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.
Indian Penal Code, 1860 · §221
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
Bharatiya Nyaya Sanhita, 2023 · §259
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
Newlaws.in is an independent site, not a government body. The mappings and notes on this page are its own AI-assisted comparison and are not published or endorsed by any government body.
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 2026-10-29, https://newlaws.in/ipc/221.
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.