Bharatiya Nyaya Sanhita, 2023
BNS Section 259
Intentional omission to apprehend on part of public servant bound to apprehend
In one line
BNS Section 259 deals with intentional omission to apprehend on part of public servant bound to apprehend and replaces IPC 221.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 259(a) | Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence is punishable with death. | Imprisonment for 7 years, with or without fine. | According as the offence in relation to which such omission has been made is cognizable or non-cognizable. | Bailable. | Magistrate of the first class. |
| 259(b) | If punishable with imprisonment for life or imprisonment for 10 years. | Imprisonment for 3 years, with or without fine. | Cognizable. | Bailable. | Magistrate of the first class. |
| 259(c) | If punishable with imprisonment for less than 10 years. | Imprisonment for 2 years, with or without fine. | Cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 259
259. 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 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 changed from the IPC
- IPC 221 → BNS 259: Section is reorganized in form of clauses (a), (b) and (c).
Frequently asked
What was BNS Section 259 in the IPC?
BNS Section 259 (Intentional omission to apprehend on part of public servant bound to apprehend) replaces Section 221 of the Indian Penal Code, 1860. IPC 221 is now BNS 259.
What is the punishment under BNS 259(a)?
Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence is punishable with death – Imprisonment for 7 years, with or without fine. Under the First Schedule to the BNSS, 2023 it is according as the offence in relation to which such omission has been made is cognizable or non-cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 259(b)?
If punishable with imprisonment for life or imprisonment for 10 years – Imprisonment for 3 years, with or without fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
What is the punishment under BNS 259(c)?
If punishable with imprisonment for less than 10 years – Imprisonment for 2 years, with or without fine. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 259 bailable?
Bailable: BNS 259(a), 259(b), 259(c). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 254 — Penalty for harbouring robbers or dacoits
- BNS 255 — Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
- BNS 256 — Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
- BNS 257 — Public servant in judicial proceeding corruptly making report, etc., contrary to law
- BNS 258 — Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
- BNS 260 — Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
- BNS 261 — Escape from confinement or custody negligently suffered by public servant
- BNS 262 — Resistance or obstruction by a person to his lawful apprehension
- BNS 263 — Resistance or obstruction to lawful apprehension of another person
- BNS 264 — Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for