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Section 260 — Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
260
260
Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
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 CustodyAiding EscapePublic ServantChapter XIVSevere
🗣️ Simple Explanation
What does this law say? Section 260 of the BNS addresses public servants who fail to keep a person in custody. If you are a public servant and you are supposed to keep someone in jail, but you intentionally let them escape or don't arrest them, you are breaking this law.
Why does this law exist? This law ensures that those sentenced by the court are kept in custody. It prevents public servants from helping criminals escape. It helps maintain the integrity of the justice system.
Real-life impact Imagine a jailer helping a person sentenced to death escape. This law prevents such actions. It protects society and ensures that court orders are followed.
What happens if you break this law? The punishment depends on the original crime. If the person was sentenced to death, you could face life imprisonment or up to fourteen years. If the person was sentenced to life or 10+ years, you could face up to seven years. If the person was sentenced to less than 10 years, you could face up to three years. You might also have to pay a fine. Police can arrest you without a warrant.
⚖️ Punishment

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

💡 Real Life Example

A jailer, Priya, helps a person sentenced to death escape. This is a severe violation. She could face life imprisonment or up to 14 years.

Amit, a police officer, intentionally doesn't arrest someone sentenced to 5 years. This is also against the law. He could be punished with imprisonment and a fine.

🛡️ 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 260 of the BNS deals with public servants who fail to keep a person in custody. It means if a public servant, like a jailer or police officer, intentionally lets someone escape from custody or doesn't arrest them when they should, 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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