Section 260 BNS: Intentional Omission to Apprehend Person under Sentence or Lawfully Committed
Section 260 of the Bharatiya Nyaya Sanhita, 2023 applies where a public servant who is legally bound to apprehend, or keep in confinement, a person under a Court sentence or lawfully committed to custody intentionally fails to apprehend that person, intentionally permits escape, or intentionally aids an escape or attempted escape.
Text of Section 260 of the Bharatiya Nyaya Sanhita, 2023
260. Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or lawfully committed to custody, 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 for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or
(b) 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, is subject, by a sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or
(c) with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended, is subject by a sentence of a Court to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.
Meaning of Section 260 BNS
Section 260 addresses intentional misconduct by a public servant in relation to a person who is already under a Court sentence or has otherwise been lawfully committed to custody. It covers deliberate failure to apprehend, deliberate sufferance of escape, and deliberate assistance in escape or attempted escape.
The provision is more serious than Section 259 because Section 260 deals with a person who is already under sentence of a Court or has been lawfully committed to custody. The punishment is graded according to the sentence or custodial status of that person.
Essential Ingredients of Section 260 BNS
- The accused must be a public servant.
- The public servant must be legally bound to apprehend or keep a person in confinement.
- The person concerned must be under a sentence of a Court for an offence or lawfully committed to custody.
- The public servant must intentionally omit to apprehend, intentionally allow escape, or intentionally aid escape or attempted escape.
- The applicable punishment and procedural classification depend on the sentence or custodial status of the person concerned.
Punishment and Classification under Section 260 BNS
| Clause | Status of person to be apprehended or confined | Punishment | Cognizability | Bail | Court |
|---|---|---|---|---|---|
| 260(a) | Under sentence of death | Imprisonment for life, or imprisonment of either description up to 14 years, with or without fine | Cognizable | Non-bailable | Court of Session |
| 260(b) | Under sentence of imprisonment for life, or imprisonment for 10 years or upwards, including by commutation | Imprisonment of either description up to 7 years, with or without fine | Cognizable | Non-bailable | Magistrate of the first class |
| 260(c) | Under sentence of imprisonment not exceeding 10 years, or lawfully committed to custody | Imprisonment of either description up to 3 years, or fine, or both | Cognizable | Bailable | Magistrate of the first class |
Intentional Omission versus Negligence
Section 260 expressly requires intentional conduct. It is directed at a deliberate omission to apprehend, deliberate sufferance of escape, or deliberate assistance in escape or attempted escape. Negligent sufferance of escape by a public servant is separately addressed under Section 261 BNS.
Person under Sentence of a Court
The section distinguishes between different sentencing situations. Clause (a) applies where the person is under sentence of death. Clause (b) applies where the person is under a sentence of imprisonment for life or imprisonment for ten years or more, including where that status results from commutation. Clause (c) covers shorter Court sentences and persons otherwise lawfully committed to custody.
Meaning of "Lawfully Committed to Custody"
Clause (c) is not confined to convicted persons serving shorter sentences. It also expressly covers a person who has been lawfully committed to custody. Whether a particular custody is lawful depends on the applicable legal authority and procedural provisions governing that custody.
Section 260 BNS and Former Section 222 IPC
Section 260 BNS substantially carries forward the subject previously dealt with by Section 222 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 259 BNS: Intentional omission to apprehend by a public servant bound to apprehend a person charged with or liable to be apprehended for an offence.
Section 261 BNS: Escape from confinement or custody negligently suffered by a public servant.
Section 262 BNS: Resistance or obstruction by a person to his lawful apprehension.
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 260 BNS punishes a public servant who intentionally fails to apprehend, intentionally permits escape, or intentionally assists escape of a person under a Court sentence or lawfully committed to custody. Clause 260(a) carries the most serious consequences and is cognizable, non-bailable and triable by the Court of Session. Clause 260(b) is cognizable and non-bailable but triable by a Magistrate of the first class. Clause 260(c) is cognizable and bailable and is triable by a Magistrate of the first class.
This page provides general legal information and should not be treated as a substitute for professional advice on the facts of a particular case.