Introduction of 264 BNS
264 BNS holds public servants accountable when they fail to carry out their legal duty to arrest or keep a person in custody. Whether the omission is intentional (e.g., accepting a bribe or deliberately turning a blind eye) or negligent (careless record-keeping, unlocked cells), Section 264 provides criminal sanctions. The law draws a clear distinction between willful misconduct and negligence by prescribing heavier penalties for deliberate omissions and lighter, restorative punishments for negligent lapses. This provision replaces IPC Section 225-A and reinforces the duty of custodial officers and other public servants to secure persons lawfully subject to arrest or confinement.
The Bharatiya Nyaya Sanhita (BNS) Section 264 replaces the old Indian Penal Code (IPC) Section 225-A.
What is BNS Section 264 ?
BNS Section 264 deals with situations where a public servant legally bound to arrest or confine a person fails to do so, either on purpose or due to negligence. Punishments differ based on whether the failure was intentional or unintentional.
- Intentional omission: Punishable with imprisonment up to 3 years, a fine, or both.
- Negligent omission: Punishable with simple imprisonment up to 2 years, a fine, or both.
Under Section 264 of the bns act 2023
“If any public servant, who is legally bound to apprehend or confine a person, either intentionally or negligently omits to do so, or allows such person to escape, he shall be punished as provided in this section.”
1. Meaning of “Omission to Apprehend or Sufferance of Escape”
- This section deals with situations where public servants fail in their legal duty.
- It includes:
- Not arresting a person they are legally required to apprehend.
- Allowing someone in custody to escape either deliberately or by negligence.
- The act can be intentional (willful disobedience) or negligent (careless omission).
2. Who is Covered?
This section applies only to public servants, such as:
- Police officers responsible for arresting or detaining suspects.
- Jailers or prison wardens tasked with keeping prisoners in custody.
- Court officers directed to confine or secure accused persons.
- Any other officials legally bound to arrest, detain, or supervise custody.
3. Nature of the Offence
- Non-Cognizable → Police cannot arrest without prior court permission.
- Bailable → The accused has the right to apply for bail.
- Non-Compoundable → Cannot be settled privately; trial must proceed in court.
- Triable by →
- Intentional omission → Magistrate of the First Class.
- Negligent omission → Any Magistrate.
4. Examples of BNS Section 264
- Example 1 – Intentional Omission
A police officer deliberately accepts money from an accused and avoids arresting him. → Punishable with up to 3 years’ imprisonment, fine, or both. - Example 2 – Negligent Omission
A jailer forgets to secure a cell door properly, and a prisoner escapes. → Punishable with up to 2 years’ simple imprisonment, fine, or both. - Example 3 – Delay in Arrest
A constable carelessly fails to execute a valid arrest warrant on time, allowing the accused to flee. → Considered negligent omission.
5. Punishment under BNS Section 264
- Intentional Omission → Up to 3 years’ imprisonment, or fine, or both.
- Negligent Omission → Up to 2 years’ simple imprisonment, or fine, or both.
6. Importance of BNS Section 264
- Ensures public servants cannot shirk their legal duties.
- Distinguishes between intentional corruption/misconduct and simple negligence.
- Reinforces accountability in law enforcement and prison management.
- Protects the credibility of justice by penalizing both deliberate and careless failures.
- Prevents misuse of authority and ensures public trust in the legal system.
Section 264 BNS Overview
BNS Section 264 addresses situations where a public servant who is legally bound to arrest or confine someone fails to do so. The failure could be intentional, where the public servant deliberately allows the person to escape, or it could be negligent, where the failure is due to carelessness. In both cases, the public servant can face penalties, with the punishment being more severe if the omission was intentional.
10 Key Points of BNS Section 264
- Applicability to Public Servants
- This section only applies to public servants who are legally responsible for apprehending or confining certain individuals. It doesn’t apply to private citizens or other officials not designated to make arrests.
- Obligation to Arrest or Confine
- A public servant covered under this section has a legal duty to arrest or keep someone in confinement under specific situations, as outlined by law. This duty must be clear, and the public servant must be aware of their responsibility.
- Failure to Apprehend
- If a public servant who is required to arrest someone does not do so, they could be penalized. This failure to apprehend can mean not attempting to arrest the person or intentionally avoiding it when required.
- Sufferance of Escape
- In situations where a public servant has a person in confinement, if they allow or help the individual escape, it is also punishable under Section 264. This means any active or passive action that leads to someone’s escape can be charged.
- Intentional Omission
- When the public servant intentionally fails to apprehend or allows an escape knowingly, it is considered a deliberate act. This intentional omission is treated as a more severe offence with harsher punishment.
- Negligent Omission
- If the public servant fails in their duty due to negligence or carelessness, without intentional malice, it is still punishable, but the punishment is lighter compared to intentional omission.
- Punishment for Intentional Omission
- If the omission or sufferance of escape is intentional, the public servant can face imprisonment for up to three years, a fine, or both. This higher punishment reflects the serious nature of intentional disobedience of duty.
- Punishment for Negligent Omission
- For cases of negligent omission, the punishment includes simple imprisonment for up to two years, a fine, or both. This lighter punishment is because the act wasn’t deliberate but still involves a lack of care in duty.
- Non-Cognizable Offence
- Offences under this section are non-cognizable, meaning that the police cannot arrest the public servant without a warrant. This gives some procedural protection to public servants unless a court directs their arrest.
- Bailable and Triable by Magistrate
- Both intentional and negligent omissions under Section 264 are bailable offences, allowing the accused to obtain bail. Intentional cases are tried by a first-class magistrate, while negligent cases can be tried by any magistrate.
Examples of BNS Section 264
- Intentional Omission Example
- A police officer is responsible for keeping a prisoner in custody. The prisoner offers the officer a bribe, and the officer deliberately allows the prisoner to escape. This is an intentional omission because the officer knowingly disobeyed their duty for personal gain.
- Negligent Omission Example
- A public servant has the duty to arrest a person involved in a criminal case but delays taking action due to careless record-keeping. Due to this neglect, the person learns about the pending arrest and escapes. Here, the omission was due to negligence, not a deliberate act.
BNS 264 Punishment
- For Intentional Omission: Imprisonment for up to three years, a fine, or both.
- For Negligent Omission: Simple imprisonment for up to two years, a fine, or both.
BNS 264 bailable or not ?
BNS Section 264 is a bailable offence. This means the accused public servant can seek bail and does not have to remain in custody during the legal proceedings if bail is granted.
Comparison — BNS 264 vs IPC 225-A
| Section | What it Means | Punishment | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 264 | Applies to public servants who fail to arrest or confine a person or allow escape either intentionally or negligently. Ensures accountability in law enforcement and custody management. |
Intentional omission: Imprisonment up to 3 years, or fine, or both. Negligent omission: Simple imprisonment up to 2 years, or fine, or both. |
Bailable | Non-Cognizable |
Intentional: Magistrate of the First Class Negligent: Any Magistrate |
| IPC Section 225-A (Old) | Penalized a public servant who intentionally or negligently omitted to apprehend or suffered escape of a person lawfully bound to be arrested or detained. Covered similar misconduct by officers of custody or arrest. |
Intentional omission: Imprisonment up to 3 years, or fine, or both. Negligent omission: Simple imprisonment up to 2 years, or fine, or both. |
Bailable | Non-Cognizable | Magistrate of the First Class |
| Key Difference: BNS 264 retains the essence of IPC 225-A but introduces clearer separation between intentional and negligent omissions with specific punishments and trial jurisdictions. It strengthens public servant accountability and aligns with modern justice standards. | |||||
BNS Section 264 FAQs
What is the focus of BNS Section 264?
This section deals with public servants who fail to apprehend or confine individuals as required by law, either intentionally or negligently.
What is the maximum punishment for intentional omission under Section 264?
The maximum punishment for intentional omission is 3 years imprisonment, a fine, or both.
What is the punishment for negligent omission?
For negligence, the punishment is simple imprisonment of up to 2 years, a fine, or both.
Is BNS Section 264 bailable?
Yes, this section is bailable, meaning the accused public servant can apply for bail.
Is this offence cognizable or non-cognizable?
The offence under Section 264 is non-cognizable, so the police need court permission to arrest the accused.
Which court handles cases under BNS Section 264?
Intentional cases are tried by a Magistrate of the First Class, while negligent cases are tried by any Magistrate.
Conclusion
BNS 264 protects the rule of law by ensuring that those entrusted with custody and arrest powers cannot evade responsibility — whether through corruption or careless omission. By differentiating between intentional and negligent failures, the section balances deterrence with fairness: severe sanctions deter willful misconduct, while proportionate penalties for negligence encourage better training, procedures and documentation. For custodial authorities, robust protocols and meticulous record-keeping are the best safeguards; for accused public servants, prompt legal advice is essential because penalties and triability differ for intentional and negligent omissions.
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Finished with BNS 264 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 265 BNS : Resistance or obstruction to arrest, or escape or rescue, in cases not otherwise covered.
- https://marriagesolution.in/bns_section/265-bns/
- 266 BNS : Violation of condition of remission of punishment.
- https://marriagesolution.in/bns_section/266-bns/
- 267 BNS : Intentional disrespect or interruption of a public servant while in judicial proceeding.
- https://marriagesolution.in/bns_section/267-bns/
- 268 BNS : Personation of an assessor.
- https://marriagesolution.in/bns_section/268-bns/
- 269 BNS : Failure by person released on bail or bond to appear in court.
- https://marriagesolution.in/bns_section/269-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list