BNS Section 259 – Intentional omission to apprehend on the part of public servant bound to apprehend
The Indian Penal Code (IPC) Section – 221
Understanding BNS Section 259: Intentional Omission to Apprehend by a Public Servant
Public servants, such as police officers or jail authorities, are legally bound to apprehend or confine individuals charged with or liable to be apprehended for offenses. However, when a public servant intentionally fails to apprehend such a person or allows them to escape, it undermines the rule of law. Section 259 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 259 Say?
Section 259 deals with the act of a public servant intentionally failing to apprehend or confine a person they are legally bound to apprehend or keep in custody. Here’s what the law states:
- Offense: If a public servant, who is legally bound to apprehend or confine a person charged with or liable to be apprehended for an offense:
- Intentionally omits to apprehend such a person, or
- Intentionally allows them to escape, or
- Intentionally aids them in escaping or attempting to escape,
they commit an offense.
- Punishment: The punishment varies depending on the severity of the offense committed by the person who was to be apprehended or confined:
- If the offense is punishable with death:
- Imprisonment for up to 7 years, with or without a fine.
- If the offense is punishable with life imprisonment or imprisonment up to 10 years:
- Imprisonment for up to 3 years, with or without a fine.
- If the offense is punishable with imprisonment less than 10 years:
- Imprisonment for up to 2 years, with or without a fine.
- If the offense is punishable with death:
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | A public servant intentionally fails to apprehend or confine a person they are legally bound to apprehend or allows them to escape. |
| Punishment (Death) | Up to 7 years in jail, with or without a fine. |
| Punishment (Life/10 yrs) | Up to 3 years in jail, with or without a fine. |
| Punishment (<10 yrs) | Up to 2 years in jail, with or without a fine. |
| Cognizable or Not? | Cognizable or Non-cognizable: Depends on the offense related to the omission. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial is conducted by a Magistrate of the first class. |
Why is This Law Important?
- Ensures Accountability of Public Servants: It holds public servants responsible for performing their duties honestly and diligently.
- Prevents Obstruction of Justice: It discourages public servants from intentionally allowing offenders to escape or avoid apprehension.
- Maintains Public Safety: It ensures that individuals charged with serious offenses are brought to justice, protecting society.
Examples of Offenses Under Section 259
- Example 1: A police officer intentionally fails to arrest a suspect charged with murder (punishable with death).
- Example 2: A jail warden knowingly allows a prisoner convicted of a crime punishable with life imprisonment to escape.
- Example 3: A public servant aids a person charged with a crime punishable with less than 10 years of imprisonment in escaping custody.
Conclusion
Section 259 of the BNS is a crucial provision to ensure that public servants fulfill their legal obligations to apprehend or confine individuals charged with offenses. Intentionally failing to do so or aiding in their escape is a serious offense, and the punishment varies based on the severity of the original crime. Always act responsibly and uphold the principles of justice.
If you have any questions or need further clarification, feel free to reach out to a legal professional. Stay informed, stay lawful!
