IPC 222 to BNS 260: Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
Section 222 IPC (1860) replaced by Section 260 BNS (2023)
IPC 222 to BNS 260 at a Glance
Section 222 IPC (Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed) is now Section 260 BNS, in force from 1 July 2024. Under the BNS it is cognizable. What changed is set out below.
What Changed From IPC 222 to BNS 260?
Section 222 IPC is now Section 260 BNS. The BNS arranges the punishment tiers into lettered clauses a, b and c, substitutes Court for Court of Justice, and omits the word the before part in the title, while maintaining the substantive elements and penalties.
IPC 222 vs BNS 260: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 222 | 260 |
| Offence | Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed | Same |
| Punishment | Imprisonment for life or imprisonment of either description up to fourteen years if under sentence of death; imprisonment of either description up to seven years if under sentence of life imprisonment or ten years or upwards; and imprisonment of either description up to three years if under sentence of imprisonment for a term not extending to ten years or lawfully committed to custody. | Same |
| Fine | Fine may be added to the imprisonment in the first two tiers. In the third tier the court may impose imprisonment, or fine, or both. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session if person under sentence of death; Magistrate of the first class in other cases | Same |
IPC 222 and BNS 260: Bare Act Text Side by Side
Section 222, IPC 1860
Section 260, BNS 2023
Ingredients: IPC 222 vs BNS 260
- The accused was a public servant legally bound as such to apprehend or keep in confinement a person
- That person was under sentence of a Court of Justice for an offence, or was lawfully committed to custody
- The accused intentionally omitted to apprehend that person, or intentionally suffered him to escape, or intentionally aided his escape or attempted escape from confinement
- Public servant legally bound to apprehend or keep in confinement a person under sentence of a Court or lawfully committed to custody
- Intentional omission to apprehend, intentional suffering of escape, or intentional aid in escaping or attempting to escape
- Graduation of punishment according to whether the person was under sentence of death, life imprisonment, a term of ten years or more, or a lesser term or lawful commitment
What IPC 222 to BNS 260 Means for Pending Cases
FAQs: IPC 222 to BNS 260
What changed when Section 222 IPC became Section 260 BNS?▼
Section 260 BNS structures the three sentencing tiers into lettered clauses a, b and c, replaces Court of Justice with Court, and omits the word the before part in the heading. The statutory elements and punishments remain unchanged.
Where does Section 222 IPC sit in the BNS?▼
In Section 260 BNS, in Chapter XIV, Of False Evidence and Offences Against Public Justice.
Does Section 222 IPC or Section 260 BNS apply to an act done before 1 July 2024?▼
Section 222 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 222 IPC. Section 260 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 ·