Section 222: Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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 2 [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 1 [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 3 [imprisonment for life] 3 *** 4 *** 5 *** 6 *** 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 4 [or if the person was lawfully committed to custody.]

Where this provision sits

Act	The Indian Penal Code, 1860
Section	222
Marginal note	Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
Jurisdiction	Central
Status	Repealed
Judgments citing it	4

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