Section 260 BNS: Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed

Bharatiya Nyaya Sanhita, 2023

Section 260 BNS at a Glance

Section 260 BNS deals with intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed. It is cognizable; it replaced Section 222 IPC on 1 July 2024.

Punishment

Imprisonment 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.

Bail depends on the underlying offence ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session if person under sentence of death; Magistrate of the first class in other cases ⓘ

IPC Equivalent

Section 222 →

Section 260 BNS Bare Act Text

260. 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 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.

Source: Section 260, Bharatiya Nyaya Sanhita, 2023

Section 260 BNS in Simple Words

Section 260 of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who is legally bound to apprehend or to keep in confinement any person who is under sentence of a Court for any offence or lawfully committed to custody. The offence is committed if the public servant intentionally omits to apprehend such person, intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from confinement.

The fault here is deliberate misconduct, not mere negligence. The punishment is graded by the status of the prisoner: imprisonment for life or imprisonment up to fourteen years (with or without fine) if the person is under sentence of death; imprisonment up to seven years (with or without fine) if the person is subject to life imprisonment or imprisonment for ten years or upwards; and imprisonment up to three years, or fine, or both, if the person is subject to imprisonment not extending to ten years or was lawfully committed to custody.

Ingredients of Section 260 BNS

Public servant legally bound to apprehend or keep in confinement a person under sentence of a Court or lawfully committed to custody
Intentional omission to apprehend, intentional suffering of escape, or intentional aid in escaping or attempting to escape
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

Punishment Under Section 260 BNS

Imprisonment

Fine

Fine may be added to the imprisonment in the first two tiers. In the third tier the court may impose imprisonment, or fine, or both.

Bail depends on the underlying offence ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session if person under sentence of death; Magistrate of the first class in other cases ⓘ

Bailable: Non-bailable where the person is under sentence of death, or of imprisonment for life or for ten years or upwards; bailable where he is under sentence of imprisonment for a term not extending to ten years or is lawfully committed to custody

Intentional omission to apprehend, or suffering or aiding escape, by a public servant carries imprisonment for life or up to fourteen years where the person is under sentence of death, up to seven years where he is under sentence of imprisonment for life or for ten years or upwards, and up to three years, or fine, or both, where the sentence does not extend to ten years or he is lawfully committed to custody.

Example of Section 260 BNS

At the Central Prison in Bareilly, Warden Suresh is legally bound to keep Rashid, a convict serving a sentence of life imprisonment, in confinement. After accepting money from an associate, Suresh intentionally leaves the inner security corridor unbolted and signals that the route is clear. Rashid escapes through the corridor. Suresh is liable under Section 260 BNS.

When Section 260 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 neither under sentence of a Court nor lawfully committed to custody
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 260 BNS in the IPC (Previous Law)

Section 260 BNS replaces Section 222 IPC from the old criminal code.

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.

View IPC Section 222 →

FAQs on Section 260 BNS

Does Section 260 BNS apply only to police officers?▼

No. It applies to any public servant who is legally bound to apprehend or keep in confinement a person under sentence of a Court or lawfully committed to custody. Police officers and prison officials are common examples, but the section is not limited to them.

Is a mistake or negligence enough for the offence under Section 260 BNS?▼

No. The section requires intentional omission to apprehend, intentionally suffering an escape, or intentionally aiding an escape or attempted escape. Simple negligence in allowing an escape is covered separately under Section 261 BNS.

What is the punishment under Section 260 BNS?▼

The punishment depends on the sentence or custody of the person involved. It extends to imprisonment for life or up to 14 years (with or without fine) if the person is under sentence of death; up to 7 years (with or without fine) if the person is subject to life imprisonment or imprisonment for 10 years or upwards; and up to 3 years, or fine, or both, if the sentence does not extend to 10 years or the person was lawfully committed to custody.

Why is Section 260 BNS important?▼

It matters because lawful arrest and custody of sentenced or committed prisoners depend on public servants performing their duty honestly. Deliberately failing to apprehend such a person or helping them escape undermines the criminal justice system.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·