Escape from confinement or custody negligently suffered by public servant
What this section does
A public servant who is legally obligated to keep a person (charged with or convicted of an offence, or lawfully committed to custody) in confinement, and who negligently allows that person to escape, commits an offence under this section. The key element is negligence, not intention. The punishment is simple imprisonment and/or fine.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Simple imprisonment up to 2 years, or fine, or both
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused is a public servant
- The public servant was legally bound in that capacity to keep the person in confinement
- The person confined was charged with or convicted of an offence, or lawfully committed to custody
- The public servant negligently (not intentionally) suffered that person to escape
Practitioner note
This section covers negligent escape only; intentional sufferance of escape by a public servant is addressed in section 260. The distinction between negligence and intention is critical for charging.
Derived from IPC s.223.
Read the official text
For the binding statutory text of BNS Section 261, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 261 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.