What Is BNS Section 259?

Bharatiya Nyaya Sanhita, 2023 - Section 259: Intentional Omission to Apprehend on Part of Public Servant Bound to Apprehend

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.

Brief Detail

BNS Section 259 addresses the responsibility of public servants to apprehend individuals charged with offences. If a public servant intentionally fails to apprehend or allows a person to escape, they face penalties that vary depending on the severity of the offence the person was charged with.

Question & Answers

Q1: What constitutes an intentional omission under Section 259?

A1: An intentional omission occurs when a public servant legally bound to apprehend or confine someone knowingly fails to do so, allows that person to escape, or assists in their escape.

Q2: What are the penalties for a public servant who violates this section?

A2: Penalties include imprisonment for up to seven years for serious offences (punishable by death), three years for life imprisonment offences, and two years for lesser offences, with or without fines.

Example

Example Scenario:

If D, a police officer, is responsible for detaining E, who is charged with a serious crime, but deliberately allows E to escape, D could face imprisonment for up to seven years under Section 259.

Summary

BNS Section 259 highlights the obligations of public servants to apprehend individuals charged with crimes. Intentional failure to do so can result in significant penalties, emphasizing the importance of their role in law enforcement.