261
261
Escape from Confinement or custody negligently suffered by public servant
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 yearsOffences Against Public JusticeNegligencePublic ServantModerate
🗣️ Simple Explanation
What does this law say?
Section 261 of the Bharatiya Nyaya Sanhita (BNS) deals with a public servant who lets someone escape from custody due to carelessness. This means if a police officer or jailer is supposed to keep someone locked up, but they are negligent and the person escapes, they can be punished.
⚖️ Punishment
Imprisonment up to two years, or fine, or both.
💡 Real Life Example
Rahul, a jail guard, forgets to lock a cell properly. A prisoner escapes. Rahul could be charged under this section. He could face jail time and a fine.
🛡️ KNOW YOUR RIGHTS
- •Seek legal advice immediately.
- •Cooperate with the investigation, but do not admit guilt.
- •Understand the charges against you.
- •If falsely accused, gather evidence to prove your innocence.
❓ FREQUENTLY ASKED QUESTIONS
Section 261 of BNS addresses the situation where a public servant, like a police officer or jailer, carelessly allows a person in their custody to escape. This means they didn't do their job properly, leading to the escape. This section replaces the old Section 223 of IPC.
The punishment for violating Section 261 of BNS is simple imprisonment for up to two years. The person may also have to pay a fine, or both. The severity of the punishment depends on the circumstances of the escape and the negligence involved. The police can arrest without a warrant.
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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