Section 260 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive breakdown of Section 260 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, from Chapter XIV: False Evidence and Offences Against Public Justice:
🛡️ Section 260 – Intentional Omission to Apprehend by Public Servant
📜 Legal Text (Summarized)
A public servant who is legally bound to apprehend or keep in custody someone:
Intentionally omits to apprehend the person,
Allows their escape, or
Aids or abets their escape,
is guilty of an offence and punishable as follows: (bnssections.com)
| Circumstance | Penalty |
|---|---|
| Person under death sentence | Life imprisonment or up to 14 years, ± fine |
| Person under life imprisonment or ≥ 10 years | Up to 7 years, ± fine |
| Person under < 10 years or lawfully committed | Up to 3 years, ± fine, or both |
🔍 Key Features
Target Offender: Applies to public servants – police, jailers, court officers, etc.
Mens Rea: Must be a willful omission—knowingly neglecting legally mandated duty to detain or continuing to keep someone unlawfully free.
Categorized Offence: Cognizable, non‑bailable, and non‑compoundable. Triable by a Magistrate in less severe cases and by the Sessions Court for more serious ones.
(ajinkyainnovations.com, blog.ipleaders.in)
⚖️ Comparison with IPC
IPC §222 addresses wrongful omission by public servants to apprehend lawfully detained persons.
BNS §260 enhances this by tiering punishments to reflect the severity of the escapee’s sentence and by expanding penalty ranges significantly.
📌 Practical Implications
Ensures public servants uphold custodial responsibilities, regardless of threat or pressure.
The tiered penalty framework means:
A jailer letting a death‑row inmate escape could face up to 14 years imprisonment.
Allowing a life‑term prisoner to escape attracts up to 7 years.
A short‑term detainee’s escape could still lead to up to 3 years in jail.
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