Section 259 punishes a public servant who is legally bound to apprehend, or to keep in confinement, a person charged with or liable to be apprehended for an offence, and who intentionally omits to apprehend that person, intentionally lets him escape, or intentionally aids him in escaping or attempting to escape. There are three punishment tiers, fixed by how the person’s offence is punishable: up to seven years, up to three years, or up to two years, in each case with or without fine. It corresponds to IPC Section 221.
Verified against the National Crime Records Bureau’s official BNS–IPC concordance (Sankalan Portal) and compared word by word with the bare text of both Acts. Section 259 is marked Exact correspondence — it maps directly onto one section of the old Indian Penal Code, 1860, with the same three punishment tiers; the differences in the printed text are drafting-level and are listed below:
| BNS 259 | Covers | IPC, 1860 equivalent | Category |
|---|---|---|---|
| 259 | Intentional omission to apprehend on part of public servant bound to apprehend | S.221 “Intentional omission to apprehend on the part of public servant bound to apprehend” | Exact |
A systematic word-by-word comparison of BNS Section 259 with IPC Section 221 (the wording was also checked against the printed IPC page) found these differences in the operative text, and no others. (i) The IPC copy prints “pubic servant” in the opening words where the BNS prints “public servant”. (ii) The IPC lead-in “shall be punished as follows, that is to say:” appears in the BNS as “shall be punished,—”, so the words “as follows, that is to say” are not carried over. (iii) The BNS letters the three punishing clauses (a), (b) and (c), whereas the IPC prints them as three unlettered paragraphs, each beginning “with imprisonment”. Two further points are not differences in the wording of the section: the IPC copy shows amendment-footnote markers around some words (for example “imprisonment for life”), which are not part of the words compared; and the marginal heading reads “on part of public servant” in the BNS but “on the part of public servant” in the IPC. The three tiers, their terms of imprisonment (seven, three and two years, each with or without fine) and the description of the offence that fixes each tier are the same in both Acts.
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.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
The opening words of Section 259 apply to all three clauses, and clause (a) is the first tier. The offender must be “a public servant, legally bound as such public servant to apprehend or to keep in confinement” a person “charged with or liable to be apprehended for an offence”. Section 2(28) of the Sanhita lists the descriptions of persons who are public servants. Section 2(15) says that a person is said to be “legally bound to do” whatever it is illegal in him to omit, and that “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action. Where a particular duty to apprehend or to keep in confinement comes from is a question of the law or order that imposes it; Section 259 does not list the sources.
The section then names three alternative acts, each of which must be done “intentionally”: omitting to apprehend the person; suffering the person to escape; or aiding the person in escaping or attempting to escape from the confinement. The Sanhita does not define “intentionally”, “suffers” or “aids” in Section 2, so they take their ordinary meaning; in ordinary usage, to “suffer” an escape is to allow it. The first act speaks of omitting to apprehend, and the second and third speak of escape from “such confinement”; the clauses accordingly refer to “the person in confinement, or who ought to have been apprehended”.
Clause (a) applies “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”. The tier is fixed by how the offence in question is punishable, as described in those words. The punishment under clause (a) is imprisonment of either description (rigorous or simple, under Section 4(c)) for a term which may extend to seven years, with or without fine. The words “with or without fine” leave fine as an optional addition to imprisonment; the clause does not provide for fine alone. The section states no sum for the fine, so Section 8(1) applies: the amount is unlimited, but shall not be excessive.
A point on the words of the tiers. An offence such as murder under Section 103(1) is punishable “with death or imprisonment for life”. Its punishment can therefore be described in the words of clause (a) (“punishable with death”) and, because it is also punishable with imprisonment for life, in the words of clause (b). The text of Section 259 does not say in terms which clause applies where both descriptions fit, and this page does not state a rule; the illustration below is given to show clause (a).
Classification. The BNSS First Schedule row for 259(a) gives imprisonment for 7 years, with or without fine; bailable; triable by a Magistrate of the first class; and, for cognizability, “According as the offence in relation to which such omission has been made is cognizable or non-cognizable”. So clause (a) has no single answer on cognizability: it follows the classification of the offence to which the omission relates. Under BNSS Section 2(1)(g) a cognizable offence is one for which a police officer may, in accordance with the First Schedule, arrest without warrant, and under BNSS Section 2(1)(o) a non-cognizable offence is one for which a police officer has no authority to arrest without warrant. Because the clause is bailable, BNSS Section 478(1) applies (a person prepared to give bail “shall be released on bail”). It appears in neither compounding table of BNSS Section 359. Two neighbouring sections should be kept apart: Section 260 concerns a person under sentence of a Court or lawfully committed to custody, and Section 261 concerns a negligent, not intentional, escape.
Clause (b) is the second tier and uses the same opening words as clause (a): a public servant legally bound to apprehend or to keep in confinement the person, and one of the three intentional acts. What changes is the description of the offence that the person 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”. The two descriptions are joined by “or”. For example, Section 316(5) (criminal breach of trust by a public servant, or by a banker, merchant, factor, broker, attorney or agent, in the capacity or way of business described there) is punishable “with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years”, which is the description that clause (b) uses.
The punishment under clause (b) is imprisonment of either description for a term which may extend to three years, with or without fine, so the maximum term is lower than the seven years of clause (a). Clause (b) speaks of a term which “may extend to ten years”, while clause (c) speaks of a term “less than ten years”, and this page reads those words as what separates the two clauses. Read literally, an offence with a maximum term of ten years could also be described as one punishable with imprisonment for a term less than ten years (a sentence below the maximum is possible); the text does not say how such a case is treated, and this page does not state a rule. The three clauses, read together, describe offences punishable with death, with imprisonment for life or a term which may extend to ten years, and with a term less than ten years; the section does not say in terms how an offence punishable with imprisonment for a term of more than ten years but not for life, or with fine only, is treated, and this page does not state a rule on it.
A second point on the words. Section 259 speaks of a person “charged with or liable to be apprehended for an offence”, while Section 260 speaks of a person “under sentence of a Court” or “lawfully committed to custody”. A person who has been committed to custody by a Court may be described by the words of both sections, and the text does not say which is to be applied; this page does not state a rule. The illustration below therefore uses a person who is held after arrest and has not been committed to custody by any Court.
Classification. The BNSS First Schedule row for 259(b) gives imprisonment for 3 years, with or without fine; cognizable; bailable; triable by a Magistrate of the first class. Under BNSS Section 2(1)(g), a cognizable offence is one for which a police officer may, in accordance with the First Schedule, arrest without warrant. Because the clause is bailable, BNSS Section 478(1) applies (a person prepared to give bail “shall be released on bail”). It appears in neither compounding table of BNSS Section 359, so it is not compoundable.
Clause (c) is the third tier. It applies 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”. The public servant and the three intentional acts are those of the opening words. For example, cheating under Section 318(2) is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both, so it is an offence punishable with imprisonment for a term less than ten years. The punishment under clause (c) is imprisonment of either description for a term which may extend to two years, with or without fine, so it is the lowest of the three maximum terms in the section (seven, three and two years). As in the other clauses, the words “with or without fine” leave fine as an optional addition; fine alone is not provided for.
The third act, aiding the person “in escaping or attempting to escape from such confinement”, deserves a note. It is the act of the public servant who is bound to keep the person in confinement. Section 263 separately speaks of a person who “rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence”, and Section 262 speaks of a person who escapes, or attempts to escape, from lawful custody himself. Facts in which a public servant helps a detained person out of custody may therefore need to be looked at under more than one section, and this page does not state which prevails.
The intention requirement matters. Every act in Section 259 must be done “intentionally”. A public servant who negligently suffers a person in confinement to escape is dealt with by Section 261 (simple imprisonment up to two years, or fine, or both), and Section 264 deals with omission to apprehend, or sufferance of escape, in cases not provided for in Section 259, Section 260 or Section 261.
Classification. The BNSS First Schedule row for 259(c) gives imprisonment for 2 years, with or without fine; cognizable; bailable; triable by a Magistrate of the first class. Under BNSS Section 2(1)(g), a cognizable offence is one for which a police officer may, in accordance with the First Schedule, arrest without warrant. Because the clause is bailable, BNSS Section 478(1) applies (a person prepared to give bail “shall be released on bail”). It appears in neither compounding table of BNSS Section 359, so it is not compoundable.
Three alternative acts, each done intentionally by a public servant who is legally bound to apprehend or to keep in confinement a person charged with or liable to be apprehended for an offence: omitting to apprehend the person, suffering the person to escape, or aiding the person in escaping or attempting to escape from the confinement.
By the offence the person was charged with or liable to be apprehended for, as described in the three clauses: an offence punishable with death (up to seven years), an offence punishable with imprisonment for life or a term which may extend to ten years (up to three years), or an offence punishable with imprisonment for a term less than ten years (up to two years). In each clause the imprisonment is “with or without fine”.
Section 259 requires that the acts be done intentionally. Section 261 covers a public servant who negligently suffers a person in confinement to escape, with simple imprisonment up to two years, or fine, or both. Section 264 covers omission to apprehend, or sufferance of escape, in cases not provided for in Sections 259, 260 or 261, with different punishments for an intentional and a negligent omission. Section 260 covers persons under sentence of a Court or lawfully committed to custody.
Under the BNSS First Schedule all three clauses are bailable and triable by a Magistrate of the first class. Clauses (b) and (c) are listed as cognizable. For clause (a) the Schedule says the offence is cognizable or non-cognizable “according as the offence in relation to which such omission has been made is cognizable or non-cognizable”. For a bailable offence BNSS Section 478 says the person “shall be released on bail” if prepared to give bail. The offence is not listed in either compounding table of BNSS Section 359.
The three tiers and their terms are the same. A word-by-word comparison found three differences in the wording: the IPC copy prints “pubic servant” where the BNS prints “public servant”; the IPC lead-in “as follows, that is to say:” is replaced in the BNS by a dash; and the BNS letters the three clauses (a), (b) and (c). The BNS marginal heading also reads “on part of” where the IPC heading reads “on the part of”.