IPC 223→BNS 261

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)

View IPC Section 223 →View BNS Section 261 →

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section223261
OffenceEscape from confinement or custody negligently suffered by public servantSame
PunishmentSimple imprisonment for a term which may extend to two years. The statute specifies simple imprisonment only, so rigorous imprisonment cannot be imposed.Same
FineFine is an optional alternative to imprisonment, or may be imposed in addition to simple imprisonment.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 223 and BNS 261: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 223, IPC 1860

223. Escape from confinement or custody negligently suffered by public servant.—Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
BNS 2023 (in force)

Section 261, BNS 2023

Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Ingredients: IPC 223 vs BNS 261

Under IPC 223
  1. The accused was a public servant legally bound as such to keep a person in confinement
  2. That person was charged with or convicted of an offence, or was lawfully committed to custody
  3. The accused negligently suffered that person to escape from confinement
Under BNS 261
  1. Public servant legally bound to keep a person in confinement
  2. Person charged with or convicted of an offence, or lawfully committed to custody
  3. Negligently suffering that person to escape from confinement

What IPC 223 to BNS 261 Means for Pending Cases

For Section 223 IPC (now Section 261 BNS): the offence and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 261 BNS and is framed on the same elements as before.

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 ·