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BNS264

BNS Section 264: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

Punishment 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.
Copied verbatim from the section text below.
Arrest, bail & court
  • Non-cognizable · Bailable · Magistrate of the first class (Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: in case of intentional omission or sufferance)
  • Non-cognizable · Bailable · Any Magistrate (Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: in case of negligent omission or sufferance)
From the BNSS, 2023, First Schedule (machine-extracted; check the Schedule for anything consequential).
Verbatim · BNS264. 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.

Cite as: Section 264, Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)