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BNS Section 264

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 264

Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for

Section 264 of the Bharatiya Nyaya Sanhita (BNS) deals with the omission to apprehend or the sufferance of escape of a person by a public servant when legally bound to do so, in cases not specifically covered by other sections. 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 257, section 258 or section 259, 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.


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Offence : Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:—


Punishment :


Cognizable or Non-cognizable :


Bailable or Non-bailable :


By what Court triable :


Offence : (a) in case of intentional omission or sufferance;


Punishment : Imprisonment for 3 years, or fine, or both.


Cognizable or Non-cognizable : Non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Magistrate of the first class.


Offence : (b) in case of negligent omission or sufferance.


Punishment : Simple imprisonment for 2 years, or fine, or both.


Cognizable or Non-cognizable : Non-cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Any Magistrate.




Browse through our complete index of all BNS sections. Learn about the Bharatiya Nyaya Sanhita with our extensive resource that covers every section in detail.


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