Bharatiya Nyaya Sanhita, 2023
BNS Section 261
Escape from confinement or custody negligently suffered by public servant
In one line
BNS Section 261 deals with escape from confinement or custody negligently suffered by public servant and replaces IPC 223.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 261 | Escape from confinement negligently suffered by a public servant. | Simple imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
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 261
261. 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, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Frequently asked
What was BNS Section 261 in the IPC?
BNS Section 261 (Escape from confinement or custody negligently suffered by public servant) replaces Section 223 of the Indian Penal Code, 1860. IPC 223 is now BNS 261.
What is the punishment under BNS 261?
Escape from confinement negligently suffered by a public servant – punishable with simple imprisonment for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 261 bailable?
Bailable: BNS 261. 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 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 260 — Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
- 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
- BNS 266 — Violation of condition of remission of punishment