BNS Section 264: Omission to apprehend, or sufferance of escape, on the part of a public servant, in cases not otherwise provided for
Bharatiya Nyaya Sanhita, 2023 · Chapter 14: Of False Evidence and Offences Against Public Justice
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¶264. Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished—
¶(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and
¶(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Study: explanations and related material
Replaces IPC 225A. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)
Punishment, bail and trial
264Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:— (a) in case of intentional omission or sufferance;
- Punishment
- Imprisonment for 3 years, or fine, or both.
- Cognizable or not
- Non‑cognizable
- Bailable or not
- Bailable
- Triable by
- Magistrate of the first class
264(b) in case of negligent omission or sufferance.
- Punishment
- Simple imprisonment for 2 years, or fine, or both.
- Cognizable or not
- Non‑cognizable
- Bailable or not
- Bailable
- Triable by
- Any Magistrate
Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 178–179. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 227. Giving false evidence
- 228. Fabricating false evidence
- 229. Punishment for false evidence
- 230. Giving or fabricating false evidence with intent to procure conviction of capital offence
- 231. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
- 232. Threatening any person to give false evidence
- 233. Using evidence known to be false
- 234. Issuing or signing a false certificate
- 235. Using as true a certificate known to be false
- 236. False statement made in a declaration which is by law receivable as evidence
- 237. Using as true such a declaration knowing it to be false
- 238. Causing disappearance of evidence of an offence, or giving false information to screen an offender
- 239. Intentional omission to give information of an offence by a person bound to inform
- 240. Giving false information respecting an offence committed
- 241. Destruction of a document or electronic record to prevent its production as evidence
- 242. False personation for the purpose of an act or proceeding in a suit or prosecution
- 243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
- 244. Fraudulent claim to property to prevent its seizure as forfeited or in execution
- 245. Fraudulently suffering a decree for a sum not due
- 246. Dishonestly making a false claim in Court
- 247. Fraudulently obtaining a decree for a sum not due
- 248. False charge of an offence made with intent to injure
- 249. Harbouring an offender
- 250. Taking a gift, etc., to screen an offender from punishment
- 251. Offering a gift or restoration of property in consideration of screening an offender
- 252. Taking a gift to help to recover stolen property, etc
- 253. Harbouring an offender who has escaped from custody or whose apprehension has been ordered
- 254. Penalty for harbouring robbers or dacoits
- 255. Public servant disobeying direction of law with intent to save a person from punishment or property from forfeiture
- 256. Public servant framing an incorrect record or writing with intent to save a person from punishment or property from forfeiture
- 257. Public servant in judicial proceeding corruptly making a report, etc., contrary to law
- 258. Commitment for trial or confinement by a person having authority who knows that he is acting contrary to law
- 259. Intentional omission to apprehend on the part of a public servant bound to apprehend
- 260. Intentional omission to apprehend on the part of a public servant bound to apprehend a person under sentence or lawfully committed
- 261. Escape from confinement or custody negligently suffered by a public servant
- 262. Resistance or obstruction by a person to his lawful apprehension
- 263. Resistance or obstruction to lawful apprehension of another person
- 265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
- 266. Violation of the condition of remission of punishment
- 267. Intentional insult or interruption to a public servant sitting in a judicial proceeding
- 268. Personation of an assessor
- 269. Failure by a person released on a bail bond or bond to appear in Court