What Is BNS Section 264?

Bharatiya Nyaya Sanhita, 2023 - Section 264: Omission to Apprehend, or Sufferance of Escape, on Part of Public Servant, in Cases Not Otherwise Provided For

Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished—

• (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and
• (b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Brief Detail

BNS Section 264 addresses the responsibilities of public servants concerning the apprehension or confinement of individuals in situations not specifically covered by previous sections. It establishes penalties for intentional or negligent omissions in fulfilling these duties.

Question & Answers

Q1: What is the focus of Section 264?

A1: Section 264 focuses on the responsibilities of public servants to apprehend or keep in confinement individuals when not covered by other sections of law, outlining penalties for failure to do so.

Q2: What penalties can a public servant face for intentionally failing to apprehend someone under Section 264?

A2: A public servant who intentionally omits to apprehend a person can face imprisonment for up to three years or a fine, or both.

Example

Example Scenario:

If M, a police officer, is legally bound to apprehend N, who is wanted for questioning but fails to do so intentionally, M could face up to three years of imprisonment or a fine under Section 264.

Summary

BNS Section 264 outlines the legal obligations of public servants to act in situations not specifically addressed by law. It imposes penalties for both intentional and negligent failures to apprehend or confine individuals, ensuring accountability in law enforcement practices.