Section 222 IPC: Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

Indian Penal Code, 1860

Section 222 IPC at a Glance

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

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 ⓘ
BNS Equivalent

Section 260 →

Section 222 IPC Bare Act Text

222. 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 of Justice 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 as follows, that is to say:— 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 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 of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or 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 of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.

Source: Section 222, Indian Penal Code, 1860

Section 222 IPC in Simple Words

Section 222 of the Indian Penal Code (IPC) punishes a public servant who is legally bound to apprehend or keep in confinement any person under sentence of a Court of Justice for an offence, or lawfully committed to custody, 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 according to the severity of the sentence or commitment: imprisonment for life or imprisonment of either description for up to fourteen years, with or without fine, if the person was under sentence of death; imprisonment of either description for up to seven years, with or without fine, if the person was under sentence of imprisonment for life or for ten years or upwards; and imprisonment of either description for up to three years, or fine, or both, if the person was under sentence of imprisonment for a term not extending to ten years or was lawfully committed to custody.

The offence is cognizable in every tier. It is non-bailable where the person is under sentence of death or of imprisonment for life or for ten years or upwards, and bailable in the third tier.

It is triable by the Court of Session where the person is under sentence of death and by a Magistrate of the first class in the other tiers.

Ingredients of Section 222 IPC

  • The accused was a public servant legally bound as such to apprehend or keep in confinement a person
  • That person was under sentence of a Court of Justice for an offence, or was lawfully committed to custody
  • The accused intentionally omitted to apprehend that person, or intentionally suffered him to escape, or intentionally aided his escape or attempted escape from confinement

Punishment Under Section 222 IPC

Imprisonment

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.

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 222 IPC

In 2018, Head Constable Gautam in Visakhapatnam was a public servant legally bound as such to keep in confinement Manohar, who was under a sentence of five years' imprisonment passed by a Court of Justice for forgery. While escorting Manohar from a judicial lock-up to a government hospital, Gautam intentionally removed Manohar's handcuffs at a railway crossing and suffered him to slip away into a crowd out of sympathy for Manohar's family. Gautam is punishable under Section 222 IPC.

When Section 222 IPC Does Not Apply

  • Section 222 IPC does not apply when the accused is not a public servant or has no legal duty as a public servant to apprehend or keep the person in confinement.
  • Section 222 IPC does not apply if the person who escapes or is not apprehended is neither under a sentence of a Court of Justice for an offence nor lawfully committed to custody.
  • Section 222 IPC does not apply where the public servant allows the prisoner to escape through mere negligence rather than an intentional omission, sufferance, or act of assistance.
  • Section 222 IPC does not apply if the order committing the person to custody was wholly unlawful and without legal authority.

Section 222 IPC in the BNS

Section 222 IPC is now covered under Section 260 BNS.

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 detailed comparison (IPC 222 vs BNS 260) →

FAQs on Section 222 IPC

What does Section 222 IPC punish?▼

It punishes a public servant legally bound to apprehend or keep in confinement a person under sentence of a Court of Justice or lawfully committed to custody who intentionally omits to apprehend him, or suffers or aids his escape.

What is the punishment under Section 222 IPC if the person was under sentence of death?▼

Imprisonment for life, or imprisonment of either description for a term extending up to fourteen years, with or without fine.

Under Section 222 IPC, what is the punishment if the person was sentenced to life imprisonment or ten years or upwards?▼

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

Under Section 222 IPC, what is the punishment if the sentence does not extend to ten years or the person was lawfully committed to custody?▼

Imprisonment of either description for a term which may extend to three years, or fine, or both.

Is an offence under Section 222 IPC bailable?▼

Bail follows the sentence tier. It is non-bailable if the person was under sentence of death, life imprisonment, or ten years or upwards, and bailable if under sentence of imprisonment for a term not extending to ten years or lawfully committed to custody. It is cognizable in every tier.

Which court tries an offence under Section 222 IPC?▼

The Court of Session tries the offence if the person was under sentence of death. A Magistrate of the first class tries cases under the other tiers.

Can an offence under Section 222 IPC be compounded?▼

No. Section 222 IPC is not compoundable under Section 320 CrPC.

Where is Section 222 IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 260 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 ·