BNS Section 260 – Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
The Indian Penal Code (IPC) Section – 222
Understanding BNS Section 260: Intentional Omission to Apprehend a Person Under Sentence or Lawfully Committed
Public servants, such as police officers or jail authorities, are legally bound to apprehend or confine individuals who are under a court sentence or lawfully committed to custody. When a public servant intentionally fails to apprehend such a person or allows them to escape, it undermines the rule of law. Section 260 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 260 Say?
Section 260 deals with the act of a public servant intentionally failing to apprehend or confine a person who is:
- Under a court sentence for an offense, or
- Lawfully committed to custody.
Here’s what the law states:
- Offense: If a public servant, who is legally bound to apprehend or confine such a person:
- Intentionally omits to apprehend them, 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 sentence or custody:
- If the person is under a sentence of death:
- Imprisonment for life, or
- Imprisonment for up to 14 years, with or without a fine.
- If the person is under a sentence of life imprisonment or imprisonment for 10 years or more:
- Imprisonment for up to 7 years, with or without a fine.
- If the person is under a sentence of imprisonment for less than 10 years or lawfully committed to custody:
- Imprisonment for up to 3 years, or
- A fine, or
- Both imprisonment and fine.
- If the person is under a sentence of death:
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | A public servant intentionally fails to apprehend or confine a person under a court sentence or lawfully committed to custody. |
| Punishment (Death) | Imprisonment for life, or up to 14 years, with or without a fine. |
| Punishment (Life/10+ yrs) | Up to 7 years in jail, with or without a fine. |
| Punishment (<10 yrs) | Up to 3 years in jail, or fine, or both. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Non-bailable (for death or life/10+ years), Bailable (for <10 years). |
| Court Jurisdiction | Court of Session (for death sentence), Magistrate of the first class (for others). |
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 confinement.
- Maintains Public Safety: It ensures that individuals under court sentences or lawful custody are not unlawfully released, protecting society.
Examples of Offenses Under Section 260
- Example 1: A jail warden intentionally allows a prisoner sentenced to death to escape.
- Example 2: A police officer knowingly fails to apprehend a person sentenced to life imprisonment.
- Example 3: A public servant aids a person lawfully committed to custody in escaping.
Conclusion
Section 260 of the BNS is a vital provision to ensure that public servants fulfill their legal obligations to apprehend or confine individuals under court sentences or lawful custody. Intentionally failing to do so or aiding in their escape is a serious offense, and the punishment varies based on the severity of the sentence or custody. Always act responsibly and uphold the principles of justice.
