BNS Section 261: Escape from confinement or custody negligently suffered by public servant

Definition of BNS Section 261

Section 261 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.”

Explanation and Illustration of BNS Section 261

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of a public servant being negligent towards 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 any person charged with or convicted of any offence or lawfully committed to custody. Persons charged with offence are people who have been suspected or accused of a crime. Persons convicted of an offence are people who have been declared guilty by a court of law.

When any person is either charged with or convicted of any offence, and such person escapes from government custody purely due to the negligent behaviour of any public official who is responsible for keeping such person in custody, then the public official’s negligence shall be considered as an offence under the provisions of this section.

There is no specific definition of ‘negligence’. But if it is found that the public official did not perform their duty to the best of their ability, and that the accused person or convict could have been prevented from escaping, then for the purposes of this section, it shall be considered as negligent behaviour.

Punishment

A public officer, who has allowed an accused or a convict to escape due to negligence at duty, shall be punishable with simple imprisonment for a term which may extend to two years, or with fine, or with both.

The above actions may not be an offence under this section if:

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