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

  • Description

    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.


    Applicable Offences

    1. 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
    This is a Bailable, Same As Offence offence and triable by Magistrate First Class

    2. If punishable with imprisonment for life or imprisonment for 10 Years
    Punishment - 3 Years with or without Fine
    This is a Bailable, Cognizable offence and triable by Magistrate First Class

    3. If punishable with imprisonment for less than 10 Years
    Punishment - 2 Years with or without Fine
    This is a Bailable, Cognizable offence and triable by Magistrate First Class

    This offence in NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
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  Lajpat Nagar 4
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  District Court
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