Section 259 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed and well-supported summary of Section 259 of the Bharatiya Nyaya Sanhita, 2023, part of Chapter XIV – False Evidence and Offences Against Public Justice:
🛡️ Section 259 – Intentional Omission to Apprehend by Public Servant
⚠️ Offence
A public servant, legally obligated to arrest or detain a person charged with—or liable for—an offence, intentionally fails to apprehend them, allows them to escape, or assists in their escape.
🧩 Graded Punishments
The severity of punishment depends on the seriousness of the underlying offence:
| Underlying Offence | Maximum Imprisonment | Fine |
|---|---|---|
| Punishable with death | Up to 7 years | With or without |
| Punishable with life or up to 10 years | Up to 3 years | With or without |
| Punishable with <10 years imprisonment | Up to 2 years | With or without |
These tiers ensure proportionality based on the gravity of the offence the accused was avoiding apprehension for.
🔍 Key Points
Who is liable? Only a public servant under a legal obligation to arrest or detain.
Fault element: Must be intentional—either the failure to act, actively letting them go, or aiding an escape.
Contextual tiers: The punishment depends on the potential sentence the offender faced.
Bailable & Trial-Court Level: Generally bailable and triable by a First Class Magistrate, although procedural specifics are interpreted through legal practice.
📝 Illustrative Example
If a police officer avoids arresting a suspect facing the death penalty, or tips them off, and lets them escape—that officer may face up to 7 years in prison and/or a fine under Section 259.
📚 Context Within Chapter XIV
Section 259 is situated among related sections that penalize public servants for:
Ignoring court orders to confine persons (Section 258),
Negligently allowing escape (Section 261),
Omitting arrest without intent (Section 264).
These sections work together to enforce accountability in public custody and arrest duties. (
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