IPC 223 to BNS 261: Escape from confinement or custody negligently suffered by public servant
Section 223 IPC (1860) replaced by Section 261 BNS (2023)
IPC 223 to BNS 261 at a Glance
Section 223 IPC (Escape from confinement or custody negligently suffered by public servant) is now Section 261 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.
What Changed From IPC 223 to BNS 261?
Section 223 IPC is now Section 261 BNS. The text, legal elements, and punishment of simple imprisonment up to two years or fine or both remain completely identical under the new Sanhita.
IPC 223 vs BNS 261: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 223 | 261 |
| Offence | Escape from confinement or custody negligently suffered by public servant | Same |
| Punishment | Simple imprisonment for a term which may extend to two years. The statute specifies simple imprisonment only, so rigorous imprisonment cannot be imposed. | Same |
| Fine | Fine is an optional alternative to imprisonment, or may be imposed in addition to simple imprisonment. | Same |
| Bail | Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 223 and BNS 261: Bare Act Text Side by Side
Section 223, IPC 1860
Section 261, BNS 2023
Ingredients: IPC 223 vs BNS 261
- The accused was a public servant legally bound as such to keep a person in confinement
- That person was charged with or convicted of an offence, or was lawfully committed to custody
- The accused negligently suffered that person to escape from confinement
- Public servant legally bound to keep a person in confinement
- Person charged with or convicted of an offence, or lawfully committed to custody
- Negligently suffering that person to escape from confinement
What IPC 223 to BNS 261 Means for Pending Cases
FAQs: IPC 223 to BNS 261
What changed when Section 223 IPC became Section 261 BNS?▼
Section 261 BNS reproduces Section 223 IPC word for word. The legal elements and the punishment of simple imprisonment up to two years or fine or both remain unchanged.
Where does Section 223 IPC sit in the BNS?▼
In Section 261 BNS, in Chapter XIV, Of False Evidence and Offences Against Public Justice.
Does Section 223 IPC or Section 261 BNS apply to an act done before 1 July 2024?▼
Section 223 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 Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 223 IPC. Section 261 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 ·