BBanaka

IPC Section 222: Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

Indian Penal Code, 1860 · Chapter 11: False Evidence and Offences against Public Justice

Repealed on 1 July 2024 and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS).

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence 1[or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say :-

with 2[imprisonment of life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or

with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 2[imprisonment for life]3[***] 4[***] 5[***] 6[***] or imprisonment for a term of ten years or upwards; or

with imprisonment of either description for a term which may extend to two years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years 7[or if the person was lawfully committed to custody].

CLASSIFICATION OF OFFENCE

Para I

Punishment-Imprisonment for life, or imprisonment for 14 years, with or without fine-Cognizable-Non-bailable-Triable by Court of Session-Non-compoundable.

Para II

Punishment-Imprisonment for 7 years, with or without fine-Cognizable-Non-bailable-Triable by Magistrate of the first class-Non-compoundable.

Para III

Punishment-Imprisonment for 3 years, or fine, or both-Cognizable-Bailable-Triable by Magistrate of the first class-Non-compoundable.

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1. Ins. by Act 27 of 1870, sec. 8.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for "transportation for life" (w.e.f. 1-1-1956).

3. The words "or penal servitude for life" omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

4. The words "or to" omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

5. The word "transportation" omitted by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).

6. The words "or penal servitude" omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

7. Ins. by Act 27 of 1870, sec. 8.

Study: explanations and related material

Now BNS 260 (same provision). IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28), p16

Official reference: Delhi District & Sessions Judge: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.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. Historical code retained for reference; read the repeal/savings provisions in the successor code.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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