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Intentional omission to apprehend on the part of public servant bound to apprehend
Section 259 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the intentional omission to apprehend on the part of a 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.
Offence : Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence is punishable with death.
Punishment : Imprisonment for 7 years, with or without fine.
Cognizable or Non-cognizable : According as the offence in relation to which such omission has been made is cognizable or non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
Offence : If punishable with imprisonment for life or imprisonment for 10 years.
Punishment : Imprisonment for 3 years, with or without fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
Offence : If punishable with imprisonment for less than 10 years.
Punishment : Imprisonment for 2 years, with or without fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Magistrate of the first class.
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