IPC 221→BNS 259

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)

View IPC Section 221 →View BNS Section 259 →

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section221259
OffenceIntentional omission to apprehend on the part of public servant bound to apprehendSame
PunishmentImprisonment 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
FineIn each tier fine may be added to the imprisonment. The section does not provide for fine alone.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 221 and BNS 259: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 221, IPC 1860

221. Intentional omission to apprehend on the part of public servant bound to apprehend.—Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:— with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
BNS 2023 (in force)

Section 259, BNS 2023

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished,— (a) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or (b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or (c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.

Ingredients: IPC 221 vs BNS 259

Under IPC 221
  1. The accused was a public servant legally bound as such to apprehend or to keep in confinement a person
  2. That person was charged with or liable to be apprehended for an offence
  3. 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
Under BNS 259
  1. Public servant legally bound to apprehend or keep in confinement a person charged with or liable to be apprehended for an offence
  2. Intentional omission to apprehend, intentional suffering of escape, or intentional aid in escaping or attempting to escape
  3. Graduation of punishment according to the maximum sentence of the underlying offence

What IPC 221 to BNS 259 Means for Pending Cases

For Section 221 IPC (now Section 259 BNS): the offence and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 259 BNS and is framed on the same elements as before.

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 ·