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SECTION 222 IPC - Indian Penal Code - Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed


Last Updated: 01 Oct, 2023
By Advocate Chikirsha Mohanty


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Description of IPC Section 222

According to section 222 of Indian penal code, Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, 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 for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or

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, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years or upwards; or

with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.



IPC 222 in Simple Words

In simple words, Section 222 of the Indian Penal Code states that if a public servant, who is responsible for apprehending or keeping someone in custody, intentionally fails to do so or aids their escape, they can face different punishments based on the seriousness of the offense, ranging from imprisonment for life to imprisonment for up to three years, or with fine, or both.

Offence : Intentional omission to apprehend on the part of A public servant bound by law to apprehend person under sentence of a court of Justice, If under sentence of death


Punishment : Imprisonment for Life or 14 Years with or without Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Court of Session



Offence : If under sentence of imprisonment for life or imprisonment for 10 Years, or upwards


Punishment : 7 Years with or without Fine


Cognizance : Cognizable


Bail : Non-Bailable


Triable : Magistrate First Class



Offence : If under sentence of imprisonment for less than 10 Years of lawfully committed to custody


Punishment : 3 Years or Fine or Both


Cognizance : Cognizable


Bail : Bailable


Triable : Magistrate First Class





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FAQ's on IPC Section 222


What offence is defined under IPC 222?

IPC 222 Offence: Intentional omission to apprehend on the part of A public servant bound by law to apprehend person under sentence of a court of Justice, If under sentence of death.


What is the punishment for IPC 222 Case?

The punishment for IPC 222 is Imprisonment for Life or 14 Years with or without Fine.


Is IPC 222 cognizable offence or non-cognizable offence?

IPC 222 is a Cognizable.


How to file/defend your case for IPC 222 offence?

Use LawRato for filing/defending your case under IPC 222 with the help of best criminal lawyers near you.


Is IPC 222 bailable or non-bailable offence?

IPC 222 is a Non-Bailable offence.


In what court can IPC 222 be tried?

IPC 222 is tried in the court of Court of Session.


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