Section 221 IPC: Intentional Omission to Apprehend by Public Servant

Section 221 of the Indian Penal Code, 1860 dealt with a public servant who was legally bound to apprehend or keep in confinement a person charged with, or liable to be apprehended for, an offence, but intentionally omitted to apprehend that person, intentionally allowed an escape, or intentionally aided an escape or attempted escape.

Pre-BNS legal position: This article explains Section 221 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is intended as a reference to the IPC-era provision and matters governed by the earlier law.

Section 221 IPC - statutory provision

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:

with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or

with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or

with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.

Meaning and scope of Section 221 IPC

The provision applied only where the accused was a public servant who, in that capacity, was legally bound to apprehend a person or keep that person in confinement. It dealt with a person charged with an offence or otherwise liable to be apprehended for an offence.

The omission, escape or assistance had to be intentional. Section 221 therefore addressed deliberate failure or assistance by a public servant under the legal duty described in the section, rather than a merely accidental or negligent escape.

Essential ingredients of Section 221 IPC

Punishment under Section 221 IPC

Underlying offencePunishment under Section 221 IPC
Offence punishable with deathImprisonment of either description up to 7 years, with or without fine
Offence punishable with imprisonment for life or imprisonment up to 10 yearsImprisonment of either description up to 3 years, with or without fine
Offence punishable with imprisonment for a term less than 10 yearsImprisonment of either description up to 2 years, with or without fine

CrPC classification of Section 221 IPC

Legal pointPre-BNS position
Cognizable or non-cognizableAccording as the underlying offence in relation to which the omission was made is cognizable or non-cognizable
BailBailable
Court competent to tryMagistrate of the first class

What conduct was covered?

Section 221 expressly covered three kinds of intentional conduct by the public servant: omission to apprehend a person whom the public servant was legally bound to apprehend; intentionally suffering such a person to escape; and intentionally aiding the person in escaping or attempting to escape from confinement.

Why the underlying offence matters

The seriousness of the offence for which the person was charged or liable to apprehension determined the maximum punishment under Section 221. A capital offence attracted the highest Section 221 maximum of seven years, while the other two statutory categories attracted maximum terms of three years and two years respectively.

The underlying offence was also relevant to cognizability under the First Schedule to the Code of Criminal Procedure, 1973: the classification followed whether that underlying offence was cognizable or non-cognizable.

Intentional omission and negligent escape

The word intentionally is central to Section 221. A separate provision, Section 223 IPC, dealt with escape from confinement or custody negligently suffered by a public servant. The two provisions therefore addressed different forms of fault.

Section 221 and Section 222 IPC

Section 222 IPC concerned intentional omission to apprehend, intentional sufferance of escape or intentional assistance in escape where the person was under sentence of a Court of Justice or was lawfully committed to custody. Section 221 addressed a person charged with or liable to be apprehended for an offence.

Related IPC provisions

Related provisions include Section 220 IPC, Section 222 IPC, Section 223 IPC, Section 224 IPC, Section 225 IPC and Section 225A IPC.

Historical note: the expression "imprisonment for life" in this provision replaced the former expression "transportation for life" by Act 26 of 1955. This page describes the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023.