Section 264 BNS: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
Bharatiya Nyaya Sanhita, 2023
Section 264 BNS at a Glance
Section 264 BNS deals with omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. It is bailable and non-cognizable; it replaced Section 225A IPC on 1 July 2024.
Imprisonment 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.
Section 264 BNS Bare Act Text
264. 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 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.
Source: Section 264, Bharatiya Nyaya Sanhita, 2023
Section 264 BNS in Simple Words
Section 264 of the Bharatiya Nyaya Sanhita (BNS) applies to a public servant who is responsible for apprehending a person or preventing escape, but fails to do so when there is a legal duty to act. It covers situations where the law does not provide a more specific punishment for the lapse. The section is aimed at official neglect, not every mistake in duty.
In practical terms, this provision matters where a police officer, jail official, or another public servant knowingly allows an accused, prisoner, or person in lawful custody to escape, or fails to take steps that the law clearly requires. The focus is on omission or sufferance of escape through neglect of duty. For liability, the prosecution must show that the person was a public servant, had a duty to apprehend or prevent escape, and failed to act without lawful excuse.
This section is significant because it protects the integrity of custody and enforcement. If public servants could ignore such duties without consequence, arrests, detention, and prison administration would become unreliable. The law therefore treats such omission as a punishable breach of public trust, even where no specific section elsewhere applies.
Ingredients of Section 264 BNS
- Public servant legally bound to apprehend or keep a person in confinement
- Residual application to cases not provided for under Section 259 BNS, Section 260 BNS, Section 261 BNS, or other enactments
- Omission to apprehend or sufferance of escape committed either intentionally or negligently
- Two-tier penalty distinguishing intentional conduct from negligent omission
Punishment Under Section 264 BNS
Imprisonment 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.
Fine is an optional alternative or addition across both the intentional and negligent limbs.
A public servant omitting to apprehend or suffering escape in cases not specifically covered elsewhere faces up to three years imprisonment for intentional omission or sufferance or up to two years simple imprisonment for negligence, with or without fine.
Example of Section 264 BNS
When Section 264 BNS Does Not Apply
- The accused was not a public servant legally bound as such to apprehend or confine the person
- The case is provided for by Section 259 BNS, Section 260 BNS, Section 261 BNS, or any other law for the time being in force
- The public servant neither intentionally nor negligently omitted to apprehend the person or suffered him to escape
Section 264 BNS in the IPC (Previous Law)
Section 264 BNS replaces Section 225A IPC from the old criminal code.
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.
View IPC Section 225A →FAQs on Section 264 BNS
Who can be punished under Section 264 BNS?▼
Only a public servant can be punished under this section. The person must have had a legal duty to apprehend someone or stop an escape, and then failed to do so without lawful reason.
Does Section 264 BNS apply if the officer made an honest mistake?▼
Not every mistake will attract liability. The prosecution usually has to show a real omission in duty, not a mere error made in good faith while performing official work.
Is the offence under Section 264 BNS bailable?▼
Yes, it is generally treated as bailable. It is also non-cognizable and non-compoundable in normal classification.
What is the main purpose of Section 264 BNS?▼
The section is meant to ensure that public servants do not ignore duties connected with arrest, custody, or preventing escape. It protects public confidence in law enforcement and prison administration.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·