Introduction of BNS Section 259
BNS Section 259 of the Bharatiya Nyaya Sanhita outlines the responsibility of public servants who are legally required to apprehend or keep individuals in custody for specific offenses. If these public servants intentionally neglect this duty or allow individuals to escape custody, they can face legal consequences. The severity of punishment under this section depends on the seriousness of the offense committed by the escaped individual.
The Bharatiya Nyaya Sanhita (BNS) Section 259 replaces the old Indian Penal Code (IPC) Section 221.
- Introduction of BNS Section 259
- What is BNS Section 259 ?
- BNS 259 in Simple Points
- Section 259 BNS Overview
- BNS 259 Punishment
- BNS 259 bailable or not ?
- Bharatiya Nyaya Sanhita Section 259
- BNS Section 259 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 259 ?
BNS Section 259 addresses instances where a public servant, who is legally required to arrest or keep in custody a person charged with an offense, intentionally fails to do so. This section is intended to ensure that public officials fulfill their legal duties without favoritism or intentional neglect. The law sets penalties for public servants who either neglect their duty to apprehend or intentionally allow the person to escape custody.
BNS 259 in Simple Points
- Duty of Public Servants to Apprehend
Public servants such as police officers, jail officials, or others involved in law enforcement have a legal duty to apprehend individuals involved in crimes. Section 2259 emphasizes this duty, ensuring they are held accountable if they fail to apprehend or detain a suspect or convicted person as per the law. - Intentional Omission or Neglect
The section applies only when the omission is intentional. If a public servant purposely fails to arrest or allows an individual in custody to escape, they are held liable under this law. Unintentional lapses or unavoidable circumstances do not fall under this section, which targets willful neglect of duty. - Severity-Based Punishments
Punishments under Section 259 are directly related to the seriousness of the offense associated with the escaped individual:- If the person is charged with a death-penalty offense: The public servant may face imprisonment for up to 7 years.
- If the person faces life imprisonment or a 10-year sentence: The punishment for the public servant can be up to 3 years.
- If the person is involved in a lesser offense: Imprisonment may extend up to 2 years.
- Flexibility with Fines
Section 259 provides the court with flexibility in punishment by allowing fines alongside imprisonment. The court can decide to impose fines based on the circumstances, the nature of the public servant’s role, and the seriousness of the offense. - Judicial Process and Bailability
Offenses under Section 259 are bailable and are triable by a Magistrate of the first class. This allows accused public servants the opportunity for bail, ensuring that they are not automatically held in custody during the investigation or trial phase.
Section 259 BNS Overview
BNS Section 259 of the Bharatiya Nyaya Sanhita (BNS) outlines the responsibility of public servants to apprehend or detain individuals charged with certain crimes. If a public servant intentionally omits this duty or helps in an escape, it results in legal consequences, with punishments depending on the seriousness of the offense of the individual who escaped.
BNS Section 2259 in 10 Key Points
- Legal Duty of Public Servants
Public servants have a responsibility under the law to arrest or detain certain individuals based on the offense they are charged with. This section applies to police officers, jailers, and other officials who are legally required to confine suspects or individuals convicted of crimes. - Intentional Neglect or Omission
For a public servant to be penalized under this section, their neglect must be intentional. The law requires proof that the officer knowingly failed to carry out their duty. Accidental or unavoidable omissions do not fall under this section, emphasizing accountability in duty. - Types of Offenses Covered
BNS Section 259 applies to public servants responsible for apprehending individuals charged with various offenses. This includes cases ranging from minor crimes to serious offenses, with the punishment for the public servant varying according to the severity of the crime the escaped person was involved in. - Severity-Based Punishments
The severity of punishment for the public servant increases with the seriousness of the crime of the escaped person. For instance, if a public servant allows a person charged with a death-penalty offense to escape, they face a harsher penalty than if the offense was a lesser crime. - Classification of Offenses under Section 259
The offense committed by the public servant under Section 259 may be classified as either cognizable or non-cognizable, depending on the nature of the crime involved. For cognizable offenses, authorities can arrest the public servant without a warrant. - Penalties for Death-Punishable Crimes
If the person who escaped is involved in a crime punishable by death, the public servant responsible can face imprisonment for up to seven years. This reflects the seriousness of neglecting duties when dealing with high-severity offenses. - Penalties for Life Imprisonment Crimes
For crimes punishable by life imprisonment or imprisonment up to ten years, the public servant can be sentenced to imprisonment for up to three years. This covers situations where the public servant’s failure to act leads to the escape of an individual involved in significant, though non-capital, crimes. - Penalties for Lesser Crimes
If the escaped person is involved in a crime punishable by imprisonment for less than ten years, the responsible public servant can face up to two years of imprisonment. This penalty is relatively lighter, aligning with the lesser severity of the escaped individual’s crime. - Application of Fines
Alongside imprisonment, the law allows for fines as an additional or alternative form of punishment. Fines can be imposed at the discretion of the court, based on the case’s specifics, providing flexibility in enforcing penalties under Section 259. - Bailability and Trial of the Offense
Offenses under Section 259 are bailable, allowing the accused public servant the opportunity to apply for bail. They are also triable by a Magistrate of the first class, ensuring that cases are handled at an appropriate judicial level.
Examples of Applying BNS Section 259
- Example 1: A police officer knowingly avoids arresting a suspect charged with a murder-related offense who later manages to escape due to the officer’s omission. Under BNS Section 259, the officer can face up to 7 years in prison for failing to perform their duty intentionally.
- Example 2: A jailer intentionally allows a person sentenced to 5 years’ imprisonment for robbery to escape custody. Since the crime involved carries less than ten years of imprisonment, the jailer could face up to 2 years in prison under Section 259 for aiding the escape.
BNS 259 Punishment
- Imprisonment
- For death-penalty offenses, imprisonment up to 7 years.
- For life or up to 10-year offenses, imprisonment up to 3 years.
- For lesser offenses, imprisonment up to 2 years.
- Fine
The court may impose a fine alongside or instead of imprisonment based on the specific circumstances of the case.
BNS 259 bailable or not ?
Yes, offenses under BNS Section 259 are bailable. This means that a public servant accused of failing to apprehend or detaining an individual, as legally required, has the option to apply for bail and may not necessarily be held in custody until trial.
Bharatiya Nyaya Sanhita Section 259
Points | Details |
---|---|
Section Number | BNS Section 259 |
Description | Intentional omission by a public servant to apprehend or confine a person legally bound to be arrested |
Punishments | 7 years for death-related crimes, 3 years for life or 10-year crimes, 2 years for lesser offenses |
Fine | Applicable alongside imprisonment as determined by the court |
Cognizability | Cognizable or non-cognizable based on the nature of the related crime |
Bailability | Bailable |
Trial Court | Triable by a Magistrate of the first class |
BNS Section 259 FAQs
What is the purpose of BNS Section 259?
BNS Section 259 addresses intentional failure by public servants to apprehend or detain individuals charged with crimes. It is designed to hold public officials accountable for any neglect or collusion in such cases.
What actions are punishable under BNS Section 259?
Intentional omission to apprehend a person required to be detained or allowing them to escape. The law holds the public servant responsible if the omission was intentional.
How does punishment vary under Section 259?
Punishment depends on the crime’s severity for which the person was liable to be apprehended: 7 years for death-related offenses, 3 years for life imprisonment or up to ten-year offenses, and 2 years for lesser offenses.
Is Section 259 bailable?
Yes, offenses under this section are typically bailable, allowing the accused public servant the chance to secure bail.
What classification of offense does Section 259 fall under?
The offense may be cognizable or non-cognizable based on the nature of the crime linked to the omission, but it is non-compoundable.
Who tries offenses under BNS Section 259?
Cases under Section 259 are triable by a Magistrate of the first class.
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