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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter XIV: Of False Evidence And Offences Against Public Justice

Section 264 BNS: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

Corresponding IPC
Section 225A IPC
Punishment
(a) intentional: up to 3 years, or fine, or both; (b) negligent: simple imprisonment up to 2 years, or fine, or both

Classification of offence

SectionCognizable?Bailable?Triable by
264Non-cognizableBailableMagistrate of the first class
264Non-cognizableBailableAny Magistrate

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished—

(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and

(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Covers a public servant legally bound to apprehend or confine a person in cases not covered by sections 259, 260 or 261 (or other law) who omits to apprehend or lets him escape. Intentional and negligent defaults are punished differently.

Chapter XIV: Of False Evidence And Offences Against Public Justice

  1. 227 Giving false evidence
  2. 228 Fabricating false evidence
  3. 229 Punishment for false evidence
  4. 230 Giving or fabricating false evidence with intent to procure conviction of capital offence
  5. 231 Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
  6. 232 Threatening any person to give false evidence
  7. 233 Using evidence known to be false
  8. 234 Issuing or signing false certificate
  9. 235 Using as true a certificate known to be false
  10. 236 False statement made in declaration which is by law receivable as evidence
  11. 237 Using as true such declaration knowing it to be false
  12. 238 Causing disappearance of evidence of offence, or giving false information to screen offender
  13. 239 Intentional omission to give information of offence by person bound to inform
  14. 240 Giving false information respecting an offence committed
  15. 241 Destruction of document or electronic record to prevent its production as evidence
  16. 242 False personation for purpose of act or proceeding in suit or prosecution
  17. 243 Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
  18. 244 Fraudulent claim to property to prevent its seizure as forfeited or in execution
  19. 245 Fraudulently suffering decree for sum not due
  20. 246 Dishonestly making false claim in Court
  21. 247 Fraudulently obtaining decree for sum not due
  22. 248 False charge of offence made with intent to injure
  23. 249 Harbouring offender
  24. 250 Taking gift, etc., to screen an offender from punishment
  25. 251 Offering gift or restoration of property in consideration of screening offender
  26. 252 Taking gift to help to recover stolen property, etc
  27. 253 Harbouring offender who has escaped from custody or whose apprehension has been ordered
  28. 254 Penalty for harbouring robbers or dacoits
  29. 255 Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
  30. 256 Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
  31. 257 Public servant in judicial proceeding corruptly making report, etc., contrary to law
  32. 258 Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
  33. 259 Intentional omission to apprehend on part of public servant bound to apprehend
  34. 260 Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
  35. 261 Escape from confinement or custody negligently suffered by public servant
  36. 262 Resistance or obstruction by a person to his lawful apprehension
  37. 263 Resistance or obstruction to lawful apprehension of another person
  38. 264 Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
  39. 265 Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
  40. 266 Violation of condition of remission of punishment
  41. 267 Intentional insult or interruption to public servant sitting in judicial proceeding
  42. 268 Personation of assessor
  43. 269 Failure by person released on bail bond or bond to appear in Court
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