Bharatiya Nyaya Sanhita, 2023
BNS Section 260
Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
In one line
BNS Section 260 deals with intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed and replaces IPC 222.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 260(a) | Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court if under sentence of death. | Imprisonment for life, or imprisonment for 14 years, with or without fine. | Cognizable. | Non-bailable. | Court of Session. |
| 260(b) | If under sentence of imprisonment for life or imprisonment for 10 years, or upwards. | Imprisonment for 7 years, with or without fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 260(c) | If under sentence of imprisonment for less than 10 years or lawfully committed to custody. | Imprisonment for 3 years, or fine, or both. | 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 260
260. 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 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 changed from the IPC
- IPC 222 → BNS 260: Section is reorganized in form of clauses (a), (b) and (c).
Frequently asked
What was BNS Section 260 in the IPC?
BNS Section 260 (Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed) replaces Section 222 of the Indian Penal Code, 1860. IPC 222 is now BNS 260.
What is the punishment under BNS 260(a)?
Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court if under sentence of death – Imprisonment for life, or imprisonment for 14 years, with or without fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 260(b)?
If under sentence of imprisonment for life or imprisonment for 10 years, or upwards – Imprisonment for 7 years, with or without fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 260(c)?
If under sentence of imprisonment for less than 10 years or lawfully committed to custody – Imprisonment for 3 years, or fine, or both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 260 bailable?
Bailable: BNS 260(c). Non-bailable: BNS 260(a), 260(b). 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 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 259 — Intentional omission to apprehend on part of public servant bound to apprehend
- 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
- BNS 265 — Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for