IPC 221 to BNS 259: Intentional omission to apprehend on the part of public servant bound to apprehend
Section 221 IPC (1860) replaced by Section 259 BNS (2023)
IPC 221 to BNS 259 at a Glance
Section 221 IPC (Intentional omission to apprehend on the part of public servant bound to apprehend) is now Section 259 BNS, in force from 1 July 2024. Under the BNS it is bailable. What changed is set out below.
What Changed From IPC 221 to BNS 259?
Section 221 IPC is now Section 259 BNS. The BNS arranges the punishment tiers into lettered clauses a, b and c, and drops the word the before part in the title, while maintaining the same elements and penalties.
IPC 221 vs BNS 259: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 221 | 259 |
| Offence | Intentional omission to apprehend on the part of public servant bound to apprehend | Same |
| Punishment | Imprisonment of either description for up to seven years if the offence is capital; imprisonment of either description for up to three years if the offence is punishable with imprisonment for life or for ten years; and imprisonment of either description for up to two years if the offence is punishable with imprisonment for a term less than ten years. | Same |
| Fine | In each tier fine may be added to the imprisonment. The section does not provide for fine alone. | Same |
| Bail | Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Magistrate of the first class | Same |
IPC 221 and BNS 259: Bare Act Text Side by Side
Section 221, IPC 1860
Section 259, BNS 2023
Ingredients: IPC 221 vs BNS 259
- The accused was a public servant legally bound as such to apprehend or to keep in confinement a person
- That person was charged with or liable to be apprehended for an offence
- The accused intentionally omitted to apprehend that person, or intentionally suffered him to escape, or intentionally aided him in escaping or attempting to escape from confinement
- Public servant legally bound to apprehend or keep in confinement a person charged with or liable to be apprehended for an offence
- Intentional omission to apprehend, intentional suffering of escape, or intentional aid in escaping or attempting to escape
- Graduation of punishment according to the maximum sentence of the underlying offence
What IPC 221 to BNS 259 Means for Pending Cases
FAQs: IPC 221 to BNS 259
What changed when Section 221 IPC became Section 259 BNS?▼
Section 259 BNS arranges the three punishment tiers into lettered clauses a, b and c, and removes the word the before part in the heading. The statutory elements and penalties of up to seven, three, or two years imprisonment remain unchanged.
Where does Section 221 IPC sit in the BNS?▼
In Section 259 BNS, in Chapter XIV, Of False Evidence and Offences Against Public Justice.
Does Section 221 IPC or Section 259 BNS apply to an act done before 1 July 2024?▼
Section 221 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 221 IPC. Section 259 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·