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Section 259 — Intentional omission to apprehend on part of public servant bound to apprehend
259
259
Intentional omission to apprehend on part of public servant bound to apprehend
Bharatiya Nyaya Sanhita, 2023
Chapter XIV Of False Evidence and Offences Against Public Justice
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Failure To ArrestAiding EscapePublic ServantChapter XIVSerious
🗣️ Simple Explanation
What does this law say? Section 259 of the BNS addresses public servants who fail to arrest someone. If you are a public servant and you are supposed to arrest someone, but you intentionally don't, or let them escape, you are breaking this law.
Why does this law exist? This law ensures that criminals are brought to justice. It prevents public servants from protecting criminals. It helps maintain law and order.
Real-life impact Imagine a police officer letting a dangerous criminal go free. This law prevents such actions. It protects society from harm and ensures accountability.
What happens if you break this law? The punishment depends on the crime the person committed. If the crime is punishable by death, you could go to jail for up to seven years. If the crime is punishable by life imprisonment or 10 years, you could go to jail for up to three years. If the crime is punishable by less than 10 years, you could go to jail for up to two years. You might also have to pay a fine. Police can arrest you without a warrant.
⚖️ Punishment

Imprisonment up to seven years, three years, or two years, with or without fine, depending on the original crime.

💡 Real Life Example

A police officer, Rahul, intentionally lets a murderer escape. This is a serious violation. He could face up to seven years in jail.

Sneha, a jail guard, helps a thief escape from prison. This is also against the law. She could be punished with imprisonment, depending on the original crime.

🛡️ KNOW YOUR RIGHTS
  • •Demand to see the warrant before arrest.
  • •Contact a lawyer immediately for legal advice.
  • •Refuse to answer questions without your lawyer present.
  • •Know that you have the right to legal aid if you cannot afford a lawyer.
  • •Report any misconduct by public servants to higher authorities.
❓ FREQUENTLY ASKED QUESTIONS
Section 259 of the BNS deals with public servants who fail to arrest or help criminals escape. It means if a public servant, like a police officer or jail guard, intentionally doesn't arrest someone they should, or helps them escape, they are breaking the law. The punishment depends on the original crime.
This offense is not bailable. The police can arrest you without a warrant. You will need to apply for bail from the court. The court will decide whether to grant bail based on the severity of the offense.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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