Section 225A IPC: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for

Indian Penal Code, 1860

Section 225A IPC at a Glance

Section 225A IPC 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; from 1 July 2024 it is replaced by Section 264 BNS.

Punishment

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.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class for intentional omission or sufferance; Any Magistrate for negligent omission or sufferance ⓘ
BNS Equivalent

Section 264 →

Section 225A IPC Bare Act Text

225A. 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 221, section 222 or section 223, 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 225A, Indian Penal Code, 1860

Section 225A IPC in Simple Words

Section 225A of the Indian Penal Code (IPC) serves as a residual provision punishing a public servant legally bound to apprehend or keep in confinement any person in any case not provided for in Section 221 IPC, Section 222 IPC, Section 223 IPC, or any other law in force, who omits to apprehend that person or suffers him to escape from confinement. The statute creates two distinct fault standards: intentional omission or sufferance carries imprisonment of either description for a term which may extend to three years, or with fine, or with both; negligent omission or sufferance attracts simple imprisonment for a term which may extend to two years, or with fine, or with both.

The offence is non-cognizable, bailable, and non-compoundable across both limbs. The intentional limb is triable by a Magistrate of the first class, while the negligent limb is triable by any Magistrate.

Ingredients of Section 225A IPC

  • The accused was a public servant legally bound as such to apprehend or keep a person in confinement
  • The case is not provided for by Section 221 IPC, Section 222 IPC, Section 223 IPC, or any other law for the time being in force
  • The public servant omitted to apprehend that person or suffered him to escape from confinement
  • The omission or sufferance was committed either intentionally or negligently

Punishment Under Section 225A IPC

Imprisonment

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

Fine is an optional alternative or addition across both the intentional and negligent limbs.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class for intentional omission or sufferance; Any Magistrate for negligent omission or sufferance ⓘ

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 225A IPC

In 2016, Madhavan was a taluk revenue inspector in Tiruchirappalli, legally bound as a public servant to apprehend Somnath under a collector's warrant for wilful default of land revenue arrears. Because Somnath was neither charged with nor convicted of an offence and was not in custody, the duty was not provided for in Section 221 IPC, Section 222 IPC, Section 223 IPC, or any other law in force. Out of personal friendship, Madhavan intentionally omitted to apprehend Somnath when they met at the taluk office. Madhavan is punishable under Section 225A IPC.

When Section 225A IPC Does Not Apply

  • Section 225A IPC does not apply when the accused is not a public servant or has no legal obligation as such public servant to apprehend or confine the person.
  • Section 225A IPC does not apply if the omission to apprehend or sufferance of escape is already covered by Section 221 IPC, Section 222 IPC, Section 223 IPC, or any other law in force.
  • Section 225A IPC does not apply where the public servant acted with due diligence and the failure to apprehend or the escape occurred without either intention or negligence.
  • Section 225A IPC does not apply when the warrant or order to apprehend or confine the person is invalid and confers no legal duty on the public servant.

Section 225A IPC in the BNS

Section 225A IPC is now covered under Section 264 BNS.

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 detailed comparison (IPC 225A vs BNS 264) →

FAQs on Section 225A IPC

What does Section 225A IPC punish?▼

It punishes a public servant legally bound to apprehend or confine any person who omits to apprehend that person or suffers him to escape in cases not specifically provided for under Section 221 IPC, Section 222 IPC, Section 223 IPC, or other laws.

What is the punishment for intentional omission under Section 225A IPC?▼

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

What is the punishment for negligent omission under Section 225A IPC?▼

Simple imprisonment for a term which may extend to two years, or with fine, or with both.

How does the punishment differ between the intentional and the negligent limb of Section 225A IPC?▼

Intentional omission or sufferance carries imprisonment of either description for up to three years, or fine, or both. Negligent omission or sufferance carries simple imprisonment for up to two years, or fine, or both.

Is an offence under Section 225A IPC bailable and cognizable?▼

An offence under Section 225A IPC is bailable and non-cognizable across both limbs.

Which court tries an offence under Section 225A IPC?▼

The intentional limb is triable by a Magistrate of the first class, whereas the negligent limb is triable by any Magistrate.

Can an offence under Section 225A IPC be compounded?▼

No. Section 225A IPC is not compoundable under Section 320 CrPC.

Where is Section 225A IPC located in the Bharatiya Nyaya Sanhita?▼

In Section 264 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 ·