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INDIAN KANOON 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

  • Description

    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.


    Applicable Offences

    1. 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
    This is a Non-Bailable, Cognizable offence and triable by Court of Session

    2. If under sentence of imprisonment for life or imprisonment for 10 Years, or upwards
    Punishment - 7 Years with or without Fine
    This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

    3. If under sentence of imprisonment for less than 10 Years of lawfully committed to custody
    Punishment - 3 Years or Fine or Both
    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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Criminal Lawyers in

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years


Advocate Harish Malhotra

  District Court
 Experience: 19 years


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