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SECTION 221 IPC - Indian Penal Code - Intentional omission to apprehend on the part of public servant bound to apprehend


Last Updated: 01 Nov, 2023
By Advocate Chikirsha Mohanty


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Description of IPC Section 221

According to section 221 of Indian penal code, Whoever, being a pubic 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 as follows, that is to say:

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

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

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.



IPC 221 in Simple Words

In simple words, Section 221 of the Indian Penal Code states that if a public servant, who is responsible for apprehending someone charged with an offense, intentionally fails to do so or aids their escape, they can be punished with different terms of imprisonment and fines depending on the severity of the offense, ranging from two to seven years.

Offence : Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, If the offence be Capital


Punishment : 7 Years with or without Fine


Cognizance : Same As Offence


Bail : Bailable


Triable : Magistrate First Class



Offence : If punishable with imprisonment for life or imprisonment for 10 Years


Punishment : 3 Years with or without Fine


Cognizance : Cognizable


Bail : Bailable


Triable : Magistrate First Class



Offence : If punishable with imprisonment for less than 10 Years


Punishment : 2 Years with or without Fine


Cognizance : Cognizable


Bail : Bailable


Triable : Magistrate First Class





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FAQ's on IPC Section 221


What offence is defined under IPC 221?

IPC 221 Offence: Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, If the offence be Capital.


What is the punishment for IPC 221 Case?

The punishment for IPC 221 is 7 Years with or without Fine.


Is IPC 221 cognizable offence or non-cognizable offence?

IPC 221 is a Same As Offence.


How to file/defend your case for IPC 221 offence?

Use LawRato for filing/defending your case under IPC 221 with the help of best criminal lawyers near you.


Is IPC 221 bailable or non-bailable offence?

IPC 221 is a Bailable offence.


In what court can IPC 221 be tried?

IPC 221 is tried in the court of Magistrate First Class.


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