What Is BNS Section 261?

Bharatiya Nyaya Sanhita, 2023 - Section 261: Escape from Confinement or Custody Negligently Suffered by Public Servant

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.

Brief Detail

BNS Section 261 addresses the negligence of public servants who are responsible for confining individuals charged with or convicted of an offence. Negligent actions that lead to an escape can result in penalties of imprisonment or fines.

Question & Answers

Q1: What constitutes negligent escape under Section 261?

A1: Negligent escape occurs when a public servant, who is legally required to confine an individual, fails to take proper precautions, leading to that person's escape.

Q2: What penalties are prescribed for negligent escape?

A2: The penalties include simple imprisonment for up to two years, a fine, or both, depending on the circumstances of the negligence.

Example

Example Scenario:

If H, a guard at a detention facility, fails to secure the gates properly, allowing I, a detainee, to escape, H could face simple imprisonment for up to two years under Section 261.

Summary

BNS Section 261 underscores the importance of vigilance among public servants regarding their duty to confine individuals. Negligence leading to escape is taken seriously, with clear penalties outlined to deter such conduct.