Intentional omission to apprehend on part of public servant bound to apprehend
What this section does
Punishes a public servant who is legally bound to apprehend or keep in confinement a person charged with or liable to be apprehended for an offence, but intentionally omits to apprehend, allows escape, or aids escape. Punishment is graded according to the severity of the offence for which the person was to be apprehended.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- (a) Underlying offence punishable with death: imprisonment of either description up to 7 years, with or without fine; (b) Punishable with imprisonment for life or up to 10 years: imprisonment of either description up to 3 years, with or without fine; (c) Punishable with imprisonment less than 10 years: imprisonment of either description up to 2 years, with or without fine.
- Triable by
- Magistrate of First Class
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- Accused is a public servant legally bound to apprehend or keep in confinement a person
- The person was charged with or liable to be apprehended for an offence
- Accused intentionally omitted to apprehend, or intentionally suffered the person to escape, or intentionally aided the person in escaping or attempting to escape
Practitioner note
The word 'intentionally' is critical — negligent or inadvertent failure to apprehend is not covered. Punishment tier is determined by the gravity of the offence for which the escaped/unarrested person was liable.
Derived from IPC s.221.
Read the official text
For the binding statutory text of BNS Section 259, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 259 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.