Indian Penal Code (IPC) Section 221. Intentional omission to apprehend on the part of public servant bound to apprehend.

Indian Penal Code (IPC) S. 221. Intentional omission to apprehend on the part of public servant bound to apprehend.

221. Intentional omission to apprehend on the part of public servant bound to apprehend.—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 [i][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.

 

More details about this Section

Cognizable or not?

According as the offence in relation to which such omission has been made is cognizable or non-cognizable (Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence be capital);

Cognizable (If punishable with imprisonment for life or imprisonment for 10 years);

Cognizable (If punishable with imprisonment for less than 10 years).

Whether Bailable?

Bailable

Compoundable or not?

Not compoundable

Triable by whom?

Magistrate of the first class.

 

Indian Penal Code (IPC) – Index of All Sections

 


[i]  Substituted by Act 26 of 1955, S. 117 and Sch., for “transportation for life”.

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