Section 264 BNS: Omission to Apprehend or Sufferance of Escape by Public Servant (Formerly Section 225A IPC)

Section 264 of Bharatiya Nyaya Sanhita: Omission to Apprehend or Sufferance of Escape by Public Servant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 264

Section 264 penalises a public servant legally bound to apprehend or keep in custody any person, who intentionally omits to apprehend or suffers that person to escape in cases not otherwise provided for.

Public Servant Custodial Duty: Officer charged by law with apprehending or detaining a person (e.g., in civil or administrative arrest).
Intentional Omission or Sufferance: Consciously failing to arrest or allowing escape.
Residual Application: Covers statutory detentions outside standard criminal sentences.

Key Landmark Precedents:

State of Gujarat v. Kansara Manilal Bhikhalal AIR 1964 SC 1893: Clarified the comprehensive statutory scheme ensuring that public servants cannot evade accountability for custodial defaults.
Emperor v. Ramaswamy (1936) MWN 1150: Held that public servants executing administrative or civil warrants are strictly bound by the same standards of integrity.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the underlying arrest warrant was civil or administrative (e.g., tax recovery, maintenance arrears under Section 144 BNSS) and whether the officer had jurisdiction.

Section 264: Omission to Apprehend or Sufferance of Escape by Public Servant

Section 264 of Bharatiya Nyaya Sanhita: Omission to Apprehend or Sufferance of Escape by Public Servant

Legal Commentary & Landmark Judgments: Section 264