Section 225A IPC: Omission to Apprehend or Sufferance of Escape by Public Servant

Section 225A of the Indian Penal Code, 1860 was a residual provision dealing with a public servant who was legally bound to apprehend or keep a person in confinement but omitted to apprehend that person or suffered the person to escape in a case not otherwise covered by Sections 221, 222 or 223 IPC, or by another law in force.

Pre-BNS legal position: This article explains Section 225A 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 225A IPC - statutory provision

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 221, section 222 or section 223, 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.

Meaning and scope of Section 225A IPC

Section 225A operated as a residual provision. It applied only where a public servant was legally bound to apprehend or keep a person in confinement and the case was not already provided for by Section 221 IPC, Section 222 IPC, Section 223 IPC, or another law for the time being in force.

The section distinguished between intentional and negligent conduct. That distinction affected both the maximum punishment and the court competent to try the offence.

Essential ingredients of Section 225A IPC

The accused must be a public servant.
The public servant must be legally bound, in that capacity, to apprehend a person or keep a person in confinement.
The case must not be one already provided for by Sections 221, 222 or 223 IPC, or by another law for the time being in force.
The public servant must omit to apprehend the person or suffer the person to escape from confinement.
The omission or sufferance may be intentional or negligent, with different punishment consequences for each.

Punishment and CrPC classification under Section 225A IPC

Nature of conduct	Punishment	Cognizability	Bail	Trial court
Intentional omission or sufferance	Imprisonment of either description up to 3 years, or fine, or both	Non-cognizable	Bailable	Magistrate of the first class
Negligent omission or sufferance	Simple imprisonment up to 2 years, or fine, or both	Non-cognizable	Bailable	Any Magistrate

Why Section 225A is a residual provision

The opening language of Section 225A expressly excludes cases already dealt with by Sections 221, 222 and 223 or by another law in force. Its role was therefore to cover omissions to apprehend and sufferance of escape by public servants that fell outside those more specific provisions.

Intentional omission or sufferance

Where the public servant intentionally omitted to apprehend the person or intentionally suffered the person to escape, clause (a) prescribed imprisonment of either description for up to three years, or fine, or both. Under the pre-BNS CrPC First Schedule, this branch was non-cognizable and bailable and was triable by a Magistrate of the first class.

Negligent omission or sufferance

Where the conduct was negligent rather than intentional, clause (b) prescribed simple imprisonment for up to two years, or fine, or both. This branch was also non-cognizable and bailable, but was triable by any Magistrate.

Section 225A compared with Sections 221, 222 and 223 IPC

Section 221 IPC dealt with specified intentional omissions concerning persons charged with or liable to apprehension for offences. Section 222 IPC dealt with intentional conduct concerning persons under sentence or lawfully committed to custody. Section 223 IPC dealt with negligent escape from confinement or custody. Section 225A applied only where the case was not otherwise provided for by those sections or another law.

Historical amendment

The form of Section 225A reproduced here was substituted by Act 10 of 1886, section 24(1), for the earlier Section 225A that had been inserted by Act 27 of 1870, section 9.

Related IPC provisions

Related provisions include Section 220 IPC, Sections 221 to 223 IPC, Section 224 IPC, Section 225 IPC and Section 225B IPC.

This page describes the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. The law applicable to a particular matter depends on the relevant facts and date of the alleged conduct.