What Is BNS Section 260?

Bharatiya Nyaya Sanhita, 2023 - Section 260: Intentional Omission to Apprehend on Part of Public Servant Bound to Apprehend Person Under Sentence or Lawfully Committed

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; or
• (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.

Brief Detail

BNS Section 260 outlines the responsibilities of public servants regarding individuals under judicial sentences or lawful custody. Failing to apprehend or allowing escape can lead to severe penalties based on the nature of the sentence of the person involved.

Question & Answers

Q1: What is defined as an intentional omission under Section 260?

A1: An intentional omission occurs when a public servant, who is required by law to apprehend or keep someone in custody, knowingly fails to do so, allows that person to escape, or aids in their escape.

Q2: What are the penalties for violating this section?

A2: The penalties vary based on the severity of the sentence: up to fourteen years for individuals sentenced to death, seven years for life imprisonment or ten years, and three years for lesser offences or lawful commitments.

Example

Example Scenario:

If F, a jailer, is responsible for keeping G, who is sentenced to death, in custody but allows G to escape intentionally, F could face imprisonment for life or up to fourteen years under Section 260.

Summary

BNS Section 260 emphasizes the legal obligations of public servants to apprehend individuals under sentence or lawfully committed. The section outlines significant penalties for intentional failures in this duty, reflecting the serious nature of law enforcement responsibilities.