Law4u - Made in India

What Is BNS Section 264?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ravi Tak

Advocate Ravi Tak

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court

Get Advice
Advocate Sachin Pal Singh

Advocate Sachin Pal Singh

Criminal, Cheque Bounce

Get Advice
Advocate Vishal T Lokhande

Advocate Vishal T Lokhande

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue

Get Advice
Advocate Harbans Singh Mehimi

Advocate Harbans Singh Mehimi

Cheque Bounce, Civil, Criminal, Family, Property, Succession Certificate, Domestic Violence, Child Custody, Banking & Finance

Get Advice
Advocate Gopal Gupta

Advocate Gopal Gupta

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Succession Certificate, Recovery

Get Advice
Advocate Rajbali Saroj

Advocate Rajbali Saroj

Anticipatory Bail, Criminal, Civil, Cheque Bounce, Motor Accident

Get Advice
Advocate Ishaq Mohd

Advocate Ishaq Mohd

Criminal, Domestic Violence, Cheque Bounce, Civil, Cyber Crime

Get Advice
Advocate Sudhanshu Mishra

Advocate Sudhanshu Mishra

Criminal, Civil, Family, Cheque Bounce, Divorce, Court Marriage

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.