IPC 225A→BNS 264

IPC 225A to BNS 264: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for

Section 225A IPC (1860) replaced by Section 264 BNS (2023)

View IPC Section 225A →View BNS Section 264 →

IPC 225A to BNS 264 at a Glance

Section 225A IPC (Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for) is now Section 264 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 225A to BNS 264?

Section 225A IPC is now Section 264 BNS. The cross-references are updated from Section 221 IPC, Section 222 IPC, and Section 223 IPC to Section 259 BNS, Section 260 BNS, and Section 261 BNS, and the title removes the comma after otherwise, while substantive elements and penalties remain identical.

IPC 225A vs BNS 264: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section225A264
OffenceOmission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided forSame
PunishmentImprisonment of either description for up to three years for intentional omission or sufferance; simple imprisonment for up to two years for negligent omission or sufferance.Same
FineFine is an optional alternative or addition across both the intentional and negligent limbs.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first class for intentional omission or sufferance; Any Magistrate for negligent omission or sufferanceSame

IPC 225A and BNS 264: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 225A, IPC 1860

225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.—Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished— (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine or with both; and (b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
BNS 2023 (in force)

Section 264, BNS 2023

Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished— (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and (b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Ingredients: IPC 225A vs BNS 264

Under IPC 225A
  1. The accused was a public servant legally bound as such to apprehend or keep a person in confinement
  2. The case is not provided for by Section 221 IPC, Section 222 IPC, Section 223 IPC, or any other law for the time being in force
  3. The public servant omitted to apprehend that person or suffered him to escape from confinement
  4. The omission or sufferance was committed either intentionally or negligently
Under BNS 264
  1. Public servant legally bound to apprehend or keep a person in confinement
  2. Residual application to cases not provided for under Section 259 BNS, Section 260 BNS, Section 261 BNS, or other enactments
  3. Omission to apprehend or sufferance of escape committed either intentionally or negligently
  4. Two-tier penalty distinguishing intentional conduct from negligent omission

What IPC 225A to BNS 264 Means for Pending Cases

For Section 225A IPC (now Section 264 BNS): the offence and the punishment are unchanged, so the charge for an act done after the BNS came into force cites Section 264 BNS and is framed on the same elements as before. The cases it excludes are now those provided for by Section 259 BNS, Section 260 BNS and Section 261 BNS.

FAQs: IPC 225A to BNS 264

What changed when Section 225A IPC became Section 264 BNS?▼

Section 264 BNS updates the cross-references from the older IPC sections to Section 259 BNS, Section 260 BNS, and Section 261 BNS, and omits the comma after otherwise in the title. The statutory elements, two-tier penalties, and bail classifications remain unchanged.

Where does Section 225A IPC sit in the BNS?▼

In Section 264 BNS, in Chapter XIV, Of False Evidence and Offences Against Public Justice.

Does Section 225A IPC or Section 264 BNS apply to an act done before 1 July 2024?▼

Section 225A 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 225A IPC. Section 264 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 ·