Section 261 BNS: Escape from confinement or custody negligently suffered by public servant
Bharatiya Nyaya Sanhita, 2023
Section 261 BNS at a Glance
Section 261 BNS deals with escape from confinement or custody negligently suffered by public servant. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 223 IPC on 1 July 2024.
Simple imprisonment for a term which may extend to two years. The statute specifies simple imprisonment only, so rigorous imprisonment cannot be imposed.
Section 261 BNS Bare Act Text
261. 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.
Source: Section 261, Bharatiya Nyaya Sanhita, 2023
Section 261 BNS in Simple Words
Section 261 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who, by negligence, allows a person in lawful confinement or custody to escape. The focus is not on a deliberate helping hand, but on careless failure in duty. The section applies where the accused is a public servant who had control, charge, or responsibility over the person detained or confined.
In practical terms, this section is meant to enforce discipline in police stations, prisons, lock-ups, and other custody settings. If an escape happens because the officer ignored basic precautions, failed to secure the person properly, or acted carelessly in supervision, liability may arise. The law treats this as a serious lapse because custody is based on public trust and the safety of the justice system depends on proper control over persons in lawful detention.
Ingredients of Section 261 BNS
- 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
Punishment Under Section 261 BNS
Simple imprisonment for a term which may extend to two years. The statute specifies simple imprisonment only, so rigorous imprisonment cannot be imposed.
Fine is an optional alternative to imprisonment, or may be imposed in addition to simple imprisonment.
Negligently suffering a person in lawful confinement to escape carries simple imprisonment for up to two years, or fine, or both.
Example of Section 261 BNS
When Section 261 BNS Does Not Apply
- The accused was not a public servant legally bound as such to keep the person in confinement
- The person was neither charged with nor convicted of an offence, and was not lawfully committed to custody
- The accused did not negligently suffer the person to escape from confinement
Section 261 BNS in the IPC (Previous Law)
Section 261 BNS replaces Section 223 IPC from the old criminal code.
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.
View IPC Section 223 →FAQs on Section 261 BNS
Does Section 261 BNS apply if the escape was accidental?▼
Yes, if the escape happened because the public servant was negligent. The law does not require proof of a deliberate plan to help the person escape. Careless handling is enough if it led to the escape.
Who can be punished under Section 261 BNS?▼
Only a public servant who had custody-related responsibility can be proceeded against. This usually includes police officers, jail staff, or other officials in charge of confinement. A private person generally does not fall under this section.
Is Section 261 BNS the same as helping someone escape on purpose?▼
No. Deliberate help is treated more seriously under other provisions. This section is for negligent suffering of an escape, where the fault is carelessness, not intention.
What happens in practice if Section 261 BNS is invoked?▼
The case usually turns on whether proper care was taken and whether the officer had control over the detainee. Records, duty charts, lock-up registers, CCTV footage, and witness statements often become important.
Have questions about Section 261 BNS?
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·