BNS Section 260: Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed

Definition of BNS Section 260

Section 260 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 under sentence of a Court for any offence 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,—

(a) with imprisonment for 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;

(b) 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, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or

(c) with imprisonment of either description for a term which may extend to three 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 to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.”

Explanation and Illustration of BNS Section 260

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of 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 under sentence of a Court for any offence or lawfully committed to custody. Persons under sentence of a court are people who have been declared guilty by a court of law or have been committed to custody under the order of a court.

When the person responsible with 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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