BNS 259 — Intentional omission to apprehend on part of public servant bound to apprehend.

Bharatiya Nyaya Sanhita, 2023

Statutory text

259. 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.
 Intentional omission to apprehend on part of public servant bound
to apprehend person under sentence or lawfully committed.

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