IPC 222→BNS 260

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)

View IPC Section 222 →View BNS Section 260 →

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section222260
OffenceIntentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committedSame
PunishmentImprisonment 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
FineFine 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
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of Session if person under sentence of death; Magistrate of the first class in other casesSame

IPC 222 and BNS 260: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 222, IPC 1860

222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.—Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, 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 for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or 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, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended is subject by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.
BNS 2023 (in force)

Section 260, BNS 2023

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or lawfully committed to custody, 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 for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or (b) 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, is subject, by a sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or (c) with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended, is subject by a sentence of a Court to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.

Ingredients: IPC 222 vs BNS 260

Under IPC 222
  1. The accused was a public servant legally bound as such to apprehend or keep in confinement a person
  2. That person was under sentence of a Court of Justice for an offence, or was lawfully committed to custody
  3. The accused intentionally omitted to apprehend that person, or intentionally suffered him to escape, or intentionally aided his escape or attempted escape from confinement
Under BNS 260
  1. Public servant legally bound to apprehend or keep in confinement a person under sentence of a Court or lawfully committed to custody
  2. Intentional omission to apprehend, intentional suffering of escape, or intentional aid in escaping or attempting to escape
  3. 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

For Section 222 IPC (now Section 260 BNS): the offence and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 260 BNS and is framed on the same elements as before.

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 ·