Indian Penal Code (IPC) S. 222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.—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 [i][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 [ii][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 [iii][imprisonment for life] [iv][* * *] [v][* * *] [vi][* * *] [vii][* * *] 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 [viii][or if the person was lawfully committed to custody].
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More details about this Section |
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Cognizable or not? |
Cognizable |
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Whether Bailable? |
Non-bailable (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); Non-bailable (If under sentence of imprisonment for life or imprisonment for 10 years, or upwards); Bailable (If under sentence of imprisonment for less than 10 years or lawfully committed to custody), |
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Compoundable or not? |
Not compoundable |
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Triable by whom? |
Court of Session (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); Magistrate of the first class (If under sentence of imprisonment for life or imprisonment for 10 years, or upwards); Magistrate of the first class (If under sentence of imprisonment for less than 10 years or lawfully committed to custody). |
Indian Penal Code (IPC) – Index of All Sections
[i] Inserted by Act 27 of 1870, S. 8.
[ii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life”.
[iii] Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life”.
[iv] The words “or penal servitude for life” were omitted by Act 17 of 1949, S. 2.
[v] The words “or to” omitted by Act 36 of 1957. S. 3 and Sch. II (w.e.f. 17-9-1957).
[vi] The words “transportation” was omitted by Act 26 of 1955, S. 117 and Sch.
[vii] The words “or penal servitude” were omitted by Act 17 of 1949, S. 2
[viii] Inserted by Act 27 of 1870, S. 8.
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