Section 261 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 261 of the Bharatiya Nyaya Sanhita (BNS), 2023, under Chapter XIV – False Evidence and Offences Against Public Justice:
📜 Section 261 – Escape from Confinement or Custody Negligently Suffered by Public Servant
Offence Defined:
A public servant legally bound to keep any person charged with or convicted of an offence, or lawfully committed to custody, negligently suffers such person to escape from confinement.
Punishment:
Imprisonment: Simple imprisonment for a term which may extend to two years.
Fine: May be imposed.
Or both.
⚖️ Legal Characteristics
Cognizability: Non-cognizable offence.
Bailability: Bailable.
Triable by: Any Magistrate.
🛡️ Contextual Placement
Section 261 is part of a series of provisions in Chapter XIV that address offences related to public justice and the lawful authority of public servants. It follows:
Section 260: Resistance or obstruction by a person to his lawful apprehension.
Section 262: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.
Section 263: Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.
✅ Summary Table
| Aspect | Details |
|---|---|
| Offence | Negligent escape from lawful custody |
| Actor | Public servant legally bound to keep custody |
| Punishment | Up to 2 years imprisonment, fine, or both |
| Cognizability | Non-cognizable |
| Bailability | Bailable |
| Triable by | Any Magistrate |
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