Section 259 BNS: Intentional omission to apprehend on part of public servant bound to apprehend
Bharatiya Nyaya Sanhita, 2023
Section 259 BNS at a Glance
Section 259 BNS deals with intentional omission to apprehend on part of public servant bound to apprehend. It is bailable, triable by Magistrate of the first class; it replaced Section 221 IPC on 1 July 2024.
Imprisonment of either description for up to seven years if the offence is capital; imprisonment of either description for up to three years if the offence is punishable with imprisonment for life or for ten years; and imprisonment of either description for up to two years if the offence is punishable with imprisonment for a term less than ten years.
Section 259 BNS Bare Act Text
259. Intentional omission to apprehend on the part of public servant bound to apprehend
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, 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 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, was charged with, or liable to be apprehended for, an offence punishable with death; or
(b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or
(c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
Source: Section 259, Bharatiya Nyaya Sanhita, 2023
Section 259 BNS in Simple Words
Section 259 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who is legally bound to apprehend a person, but intentionally omits to do so. The focus is not on a mere mistake or delay. The prosecution must show that the officer had a duty to arrest or apprehend, knew of that duty, and still chose not to act. This provision applies to public servants such as police officers or other officials who are authorised by law to apprehend offenders or persons required to be taken into custody.
It is meant to prevent abuse of power, favouritism, or deliberate inaction where the law requires action. In practice, this section matters when an officer lets a wanted person go, ignores a lawful duty to detain, or deliberately avoids arrest without lawful reason. The section protects public trust in law enforcement and makes deliberate non-enforcement punishable.
Ingredients of Section 259 BNS
- Public servant legally bound to apprehend or keep in confinement a person charged with or liable to be apprehended for an offence
- Intentional omission to apprehend, intentional suffering of escape, or intentional aid in escaping or attempting to escape
- Graduation of punishment according to the maximum sentence of the underlying offence
Punishment Under Section 259 BNS
Imprisonment of either description for up to seven years if the offence is capital; imprisonment of either description for up to three years if the offence is punishable with imprisonment for life or for ten years; and imprisonment of either description for up to two years if the offence is punishable with imprisonment for a term less than ten years.
In each tier fine may be added to the imprisonment. The section does not provide for fine alone.
- Cognizable: According as the offence in relation to which the omission was made is cognizable or non-cognizable for capital offences; cognizable for other offences
Intentional omission to apprehend or suffering or aiding escape by a public servant bound to apprehend carries imprisonment for up to seven years for capital offences, up to three years for offences carrying life or ten years, and up to two years for lesser offences, with or without fine.
Example of Section 259 BNS
When Section 259 BNS Does Not Apply
- The accused was not a public servant legally bound as such to apprehend or keep the person in confinement
- The person was not charged with and was not liable to be apprehended for any offence
- The accused did not intentionally omit to apprehend the person, did not intentionally suffer him to escape, and did not intentionally aid him in escaping or attempting to escape
Section 259 BNS in the IPC (Previous Law)
Section 259 BNS replaces Section 221 IPC from the old criminal code.
Section 221 IPC is now Section 259 BNS. The BNS arranges the punishment tiers into lettered clauses a, b and c, and drops the word the before part in the title, while maintaining the same elements and penalties.
View IPC Section 221 →FAQs on Section 259 BNS
Who can be punished under Section 259 BNS?▼
This section applies to a public servant who is under a legal duty to apprehend someone or keep a person in confinement. It covers officers who have a legal obligation to arrest or detain a person charged with or liable to be apprehended for an offence. A private person cannot be punished under this section.
Does every failure to arrest amount to an offence under Section 259 BNS?▼
No. The failure must be intentional. If the officer acted in good faith, made a genuine mistake, or lacked the legal duty to apprehend, Section 259 BNS will not apply.
What is the punishment under Section 259 BNS?▼
The punishment depends on the offence for which the person was charged or liable to be apprehended. It is imprisonment of either description for up to seven years, with or without fine, if that offence is punishable with death; up to three years, with or without fine, if punishable with imprisonment for life or imprisonment up to ten years; and up to two years, with or without fine, if punishable with imprisonment for less than ten years.
Is Section 259 BNS in force under the Bharatiya Nyaya Sanhita (BNS)?▼
Yes. Section 259 BNS is the current provision in force under the Bharatiya Nyaya Sanhita, 2023. Conduct that occurred before the Bharatiya Nyaya Sanhita came into effect is examined under the earlier law in force at the time of the offence.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·