Section 259 BNS: Intentional Omission to Apprehend by Public Servant Bound to Apprehend
Section 259 of the Bharatiya Nyaya Sanhita, 2023 applies where a public servant who is legally bound to apprehend, or keep in confinement, a person charged with or liable to be apprehended for an offence intentionally fails to apprehend that person, intentionally permits an escape, or intentionally aids an escape or attempted escape.
Text of Section 259 of the Bharatiya Nyaya Sanhita, 2023
259. Intentional omission to apprehend on part of public servant bound to apprehend.
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,-
(a) 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
(b) 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
(c) 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 of Section 259 BNS
Section 259 is aimed at intentional dereliction of a public servant's legal duty to apprehend or keep an accused or other legally apprehendable person in confinement. The provision does not deal with a merely accidental escape or negligent failure. The omission, sufferance of escape, or assistance in escaping must be intentional.
The punishment depends on the seriousness of the offence for which the person was charged or liable to be apprehended.
Essential Ingredients of Section 259 BNS
- The accused must be a public servant.
- The public servant must be legally bound to apprehend or keep in confinement a particular person.
- The person concerned must be charged with, or liable to be apprehended for, an offence.
- The public servant must intentionally omit to apprehend, intentionally allow the person to escape, or intentionally aid the person in escaping or attempting to escape.
- The applicable punishment depends on the punishment prescribed for the underlying offence.
Punishment and Classification under Section 259 BNS
| Clause | Underlying offence | Punishment under Section 259 | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| 259(a) | Punishable with death | Imprisonment of either description up to 7 years, with or without fine | According as the underlying offence is cognizable or non-cognizable | Bailable | Magistrate of the first class |
| 259(b) | Punishable with imprisonment for life or imprisonment up to 10 years | Imprisonment of either description up to 3 years, with or without fine | Cognizable | Bailable | Magistrate of the first class |
| 259(c) | Punishable with imprisonment for less than 10 years | Imprisonment of either description up to 2 years, with or without fine | Cognizable | Bailable | Magistrate of the first class |
Who Is a "Public Servant"?
Section 2 of the Bharatiya Nyaya Sanhita contains the statutory definition of "public servant". The definition covers specified categories of persons performing public, judicial, governmental, local-authority and other legally recognised public functions. Liability under Section 259 further requires that the public servant be legally bound to apprehend or keep the relevant person in confinement.
Intentional Omission versus Negligence
Section 259 expressly requires intentional conduct. An intentional omission to apprehend, intentional sufferance of escape, or intentional assistance in escape is materially different from a negligent lapse. Other provisions of the BNS separately address negligent or residual forms of omission or sufferance of escape.
Apprehension, Confinement and Escape
The section covers three distinct forms of misconduct: intentionally failing to apprehend a person, intentionally allowing a person already confined to escape, and intentionally assisting that person to escape or attempt an escape. The provision therefore applies both before apprehension and during lawful confinement.
Section 259 BNS and Former Section 221 IPC
Section 259 BNS substantially carries forward the subject previously dealt with by Section 221 of the Indian Penal Code, 1860. Because the IPC was repealed subject to statutory savings, conduct occurring before commencement of the BNS may require examination under the earlier law together with the applicable repeal-and-savings provisions.
Related BNS Provisions
Section 258 BNS: Commitment for trial or confinement contrary to law.
Section 260 BNS: Intentional omission to apprehend on the part of a public servant bound to apprehend a person under sentence or lawfully committed.
Section 261 BNS: Escape from confinement negligently suffered by a public servant.
Section 264 BNS: Omission to apprehend, or sufferance of escape, on the part of a public servant in cases not otherwise provided for.
Quick Summary
Section 259 BNS punishes a public servant who intentionally fails to apprehend a person whom the public servant is legally bound to apprehend, intentionally permits escape from confinement, or intentionally aids an escape or attempted escape. Punishment varies with the seriousness of the underlying offence. All three categories are bailable and triable by a Magistrate of the first class. For clause 259(a), cognizability follows the status of the underlying offence; clauses 259(b) and 259(c) are cognizable.
This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.