Bharatiya Nyaya Sanhita, 2023
BNS Section 264
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
In one line
BNS Section 264 deals with omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for and replaces IPC 225A.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 264 | Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: (a) in case of intentional omission or sufferance; | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 264 | Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: (b) in case of negligent omission or sufferance. | 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 264
264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.
Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished— (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and (b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Frequently asked
What was BNS Section 264 in the IPC?
BNS Section 264 (Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for) replaces Section 225A of the Indian Penal Code, 1860. IPC 225A is now BNS 264.
What is the punishment under BNS 264?
Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: (a) in case of intentional omission or sufferance; – Imprisonment for 3 years, or fine, or both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 264 bailable?
Bailable: BNS 264, 264. 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 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 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 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
- BNS 267 — Intentional insult or interruption to public servant sitting in judicial proceeding
- BNS 268 — Personation of assessor
- BNS 269 — Failure by person released on bail bond or bond to appear in Court