BNS Section 264 – Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
The Indian Penal Code (IPC) Section – 225 A
Understanding BNS Section 264: Omission to Apprehend or Sufferance of Escape by a Public Servant in Cases Not Otherwise Provided For
Public servants are entrusted with the responsibility of apprehending or confining individuals as per the law. However, when a public servant intentionally or negligently fails to apprehend someone or allows them to escape in cases not covered by specific sections, it undermines the rule of law. Section 264 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 264 Say?
Section 264 deals with the act of a public servant intentionally or negligently failing to apprehend a person or allowing them to escape from confinement in cases not covered by Sections 257, 258, 259, or any other law. Here’s what the law states:
- Offense: If a public servant, who is legally bound to apprehend or confine a person in cases not covered by specific sections or laws:
- Intentionally omits to apprehend the person or allows them to escape, or
- Negligently omits to apprehend the person or allows them to escape,
they commit an offense.
- Punishment:
- If the omission or sufferance is intentional:
- Imprisonment for up to 3 years, or
- A fine, or
- Both imprisonment and fine.
- If the omission or sufferance is negligent:
- Simple imprisonment for up to 2 years, or
- A fine, or
- Both imprisonment and fine.
- If the omission or sufferance is intentional:
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | A public servant intentionally or negligently fails to apprehend a person or allows them to escape in cases not covered by specific sections. |
| Punishment (Intentional) | Up to 3 years in jail, or fine, or both. |
| Punishment (Negligent) | Simple imprisonment for up to 2 years, or fine, or both. |
| Cognizable or Not? | Non-cognizable: Police cannot arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Magistrate of the first class (intentional), Any Magistrate (negligent). |
Why is This Law Important?
- Ensures Accountability of Public Servants: It holds public servants responsible for performing their duties diligently and without negligence.
- Prevents Obstruction of Justice: It discourages public servants from intentionally or negligently allowing individuals to evade apprehension or escape confinement.
- Maintains Public Safety: It ensures that individuals who should be apprehended or confined are not unlawfully released, protecting society.
Examples of Offenses Under Section 264
- Example 1 (Intentional): A police officer intentionally fails to apprehend a suspect in a case not covered by specific sections, allowing them to escape.
- Example 2 (Negligent): A jail warden negligently leaves a cell door unlocked, resulting in the escape of a detainee in a case not covered by specific sections.
- Example 3 (Intentional): A public servant knowingly allows a person to escape from custody in a situation not addressed by other laws.
Conclusion
Section 264 of the BNS is a vital provision to ensure that public servants fulfill their legal obligations to apprehend or confine individuals in cases not covered by specific sections or laws. Intentionally or negligently failing to do so is a punishable offense. Always act responsibly and uphold the principles of justice.
