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Section 264 — Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
264
264
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
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 JusticePublic ServantFailure To ArrestModerate
🗣️ Simple Explanation
What does this law say?
Section 264 of the BNS deals with public servants who fail to arrest someone or allow them to escape. If a police officer or other public servant is supposed to arrest someone, but doesn't, or lets them escape, they can be punished.
⚖️ Punishment
Imprisonment up to three years, or fine, or both.
💡 Real Life Example
Rahul, a police officer, intentionally lets a suspect go free. He could face up to three years in jail. If he did it by accident, the punishment would be less severe.
🛡️ 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 264 of BNS addresses public servants who fail to arrest someone or allow them to escape. If a police officer or other public servant is supposed to arrest someone, but doesn't, or lets them escape, they can be punished. This section replaces the old Section 221 of IPC.
If a public servant intentionally fails to arrest someone or allows them to escape, they can face up to three years in jail. If it's due to negligence, they can face up to two years. They might also have to pay a fine, or both. 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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