Section 221 IPC: Intentional omission to apprehend on the part of public servant bound to apprehend

Indian Penal Code, 1860

Section 221 IPC at a Glance

Section 221 IPC deals with intentional omission to apprehend on the part of public servant bound to apprehend. It is bailable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 259 BNS.

Punishment

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.

Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

BNS Equivalent

Section 259 →

Section 221 IPC Bare Act Text

221. 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 as follows, that is to say:— 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 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 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 221, Indian Penal Code, 1860

Section 221 IPC in Simple Words

Section 221 of the Indian Penal Code (IPC) punishes a public servant who is legally bound to apprehend or keep in confinement any person charged with or liable to be apprehended for an offence, and who intentionally omits to apprehend that person, intentionally suffers him to escape, or intentionally aids his escape or attempt to escape. The punishment is graduated based on the severity of the offence: imprisonment of either description for up to seven years, with or without fine, if the offence is capital; up to three years, with or without fine, if punishable with imprisonment for life or for ten years; and up to two years, with or without fine, if punishable with imprisonment for less than ten years.

The offence is bailable and triable by a Magistrate of the first class. Where the offence for which the person was to be apprehended is capital, the offence under Section 221 IPC is cognizable or non-cognizable according as that offence is cognizable or non-cognizable.

In the other two tiers it is cognizable.

Ingredients of Section 221 IPC

The accused was a public servant legally bound as such to apprehend or to keep in confinement a person
That person was charged with or liable to be apprehended for an offence
The accused intentionally omitted to apprehend that person, or intentionally suffered him to escape, or intentionally aided him in escaping or attempting to escape from confinement

Punishment Under Section 221 IPC

Imprisonment

Fine

In each tier fine may be added to the imprisonment. The section does not provide for fine alone.

Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

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 221 IPC

In 2021, Sub-Inspector Harish at a police station in Coimbatore was a public servant legally bound as such to keep in lock-up confinement Dinesh, who was charged with dacoity, an offence punishable with imprisonment for life or rigorous imprisonment up to ten years. Because Dinesh was the brother-in-law of Harish's close friend, Harish intentionally unlocked the back gate of the lock-up at night and aided Dinesh in escaping from confinement. Harish is punishable under Section 221 IPC.

When Section 221 IPC Does Not Apply

Section 221 IPC does not apply when the accused is either not a public servant or is under no legal duty as such public servant to arrest or keep the person in custody.
Section 221 IPC does not apply if the person sought or detained is neither charged with an offence nor liable to be apprehended for any offence.
Section 221 IPC does not apply where a prisoner escapes solely because of the public servant's negligence or inadvertence without any intentional omission, sufferance, or assistance.
Section 221 IPC does not apply if the public servant makes a genuine effort to arrest or secure the suspect and does not intentionally omit to apprehend him or allow or help him to escape.

Section 221 IPC in the BNS

Section 221 IPC is now covered under Section 259 BNS.

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 detailed comparison (IPC 221 vs BNS 259) →

FAQs on Section 221 IPC

What does Section 221 IPC punish?▼

It punishes a public servant legally bound to apprehend or keep in confinement a person charged with or liable to be apprehended for an offence who intentionally omits to apprehend him, or suffers or aids his escape.

What is the punishment under Section 221 IPC if the person was charged with a capital offence?▼

Imprisonment of either description for a term which may extend to seven years, with or without fine.

What is the punishment under Section 221 IPC for offences carrying life or ten years imprisonment?▼

Imprisonment of either description for a term which may extend to three years, with or without fine.

Does accidental escape or negligent omission fall under Section 221 IPC?▼

No. The section requires that the omission, suffering, or aiding of the escape be intentional. Mere negligence is dealt with under other provisions.

Is an offence under Section 221 IPC bailable and cognizable?▼

It is bailable across all tiers, and cognizable for non-capital offences while following the underlying offence for capital charges.

Which court tries an offence under Section 221 IPC?▼

A Magistrate of the first class.

Can an offence under Section 221 IPC be compounded?▼

No. Section 221 IPC is not compoundable under Section 320 CrPC.

Where is Section 221 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 259 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·