BNS Section 259: Intentional omission to apprehend on part of a public servant bound to apprehend

Definition of BNS Section 259

Section 259 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, 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,––
(a) 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, was charged with, or liable to be apprehended for, an offence punishable with death; or

(b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or

(c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.

Explanation and Illustration of Section 259

This section is applicable to a specific class of public servants in the employ of any organisation or body under the Government of India, whether citizen, resident or otherwise. It deals with the offence of a public servant intentionally disregarding duty. Let us break down the section to get a better understanding of it.

Offence

There is a very specific class of public servants who are charged with the responsibility of apprehending and confining persons as per the directions of the law. Apprehension or confinement are usually directed towards persons who are considered dangerous to public safety and order. These are usually offenders or persons accused of an offence. Not only are they a potential threat to the public in general, but they are also persons who are looking to flee to avoid prosecution for their crimes. Such persons are capable of going to great lengths to avoid being apprehended. Hence, the task of apprehending and confining them is given to persons who are not only physically and mentally fit to deal with such an onerous task, but also possess the integrity to carry it out to the best of their capability. This section specifically deals with public officials who bear the responsibility of apprehending and confining persons who have been charged with or liable to be apprehended for an offence. Persons charged with offence are people who have been suspected or accused of a crime.

When the person responsible for apprehending and confining such persons is found to have intentionally omitted his or her duty, they shall be punishable under the provisions of this section. The section specifically lists out three acts that amount to omission of duty for the purposes of this section:

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