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IPC Section 221 - Intentional omission to apprehend on the part of public servant bound to apprehend
Last Updated: 01 Nov, 2026
By Advocate Chikirsha Mohanty
(Section is reorganized in form of clauses (a), (b) and (c).)
Please refer to BNS 259 for updated procedures & punishments.
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 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.
Intentional omission to apprehend on the part of public servant bound to apprehend
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, If the offence be Capital | 7 Years with or without Fine | Same As Offence | Bailable | Magistrate First Class |
| If punishable with imprisonment for life or imprisonment for 10 Years | 3 Years with or without Fine | Cognizable | Bailable | Magistrate First Class |
| If punishable with imprisonment for less than 10 Years | 2 Years with or without Fine | Cognizable | Bailable | Magistrate First Class |
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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Frequently Asked Questions
What is Section 222 of the IPC?
222. Omission on purpose by a public servant who is bound to apprehend a person in prison or committing felony.
What is giving false evidence in court called?
Perjury is a common crime. Take up the same.
What is the punishment for false evidence?
Anyone who intentionally fabricates or gives false testimony in a court proceeding will be sentenced to imprisonment for up to seven years. They may also be fined.
