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

What this section does

Punishes a public servant who is legally bound to apprehend or keep in confinement a person already under a court sentence or lawfully committed to custody, but intentionally omits to apprehend, allows escape, or aids escape. Punishment is more severe than under s.259 because the person concerned has already been sentenced or lawfully committed.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

(a) Person under sentence of death: imprisonment for life or imprisonment of either description up to 14 years, with or without fine; (b) Person subject to sentence of imprisonment for life or 10 years or upwards (including by commutation): imprisonment of either description up to 7 years, with or without fine; (c) Person subject to imprisonment less than 10 years or lawfully committed to custody: imprisonment of either description up to 3 years, or fine, or both.

Triable by

Magistrate of First Class

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. Accused is a public servant legally bound to apprehend or keep in confinement a person
2. The person is under sentence of a court for any offence or lawfully committed to custody
3. Accused intentionally omitted to apprehend, or intentionally suffered the person to escape, or intentionally aided the person in escaping or attempting to escape

Derived from IPC s.222.