Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
What this section does
This is a residual provision covering public servants who fail to apprehend, or allow the escape of, persons in cases not covered by sections 259, 260, or 261, or any other law in force. It distinguishes between intentional and negligent omissions, with higher punishment for intentional conduct.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- (a) Intentional: imprisonment of either description up to 3 years, or fine, or both; (b) Negligent: simple imprisonment up to 2 years, or fine, or both
- Triable by
- Any Magistrate
- Cognizable
- Depends
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused is a public servant legally bound to apprehend or keep in confinement a person
- The case is not covered by sections 259, 260, or 261, or any other law in force
- The public servant either omitted to apprehend the person or suffered the person to escape from confinement
- The omission or sufferance was either intentional or negligent
Practitioner note
This is a catch-all provision for public servants; the prosecution must establish that the case falls outside sections 259–261 and any other applicable law before invoking this section.
Derived from IPC s.225B.
Read the official text
For the binding statutory text of BNS Section 264, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 264 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.