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Introduction of BNS Section 264

BNS Section 264 addresses the failure of public servants to fulfill their legal duties to apprehend or confine individuals. It includes cases where a public servant either intentionally or through negligence allows someone to escape custody or avoids arresting them as required by law. The section ensures accountability for public servants to maintain the integrity of the justice system.


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.

BNS 264 in Simple Points

  1. Applicability to Public Servants
    • This section applies specifically to public servants who are legally required to apprehend or confine individuals. It ensures accountability for those entrusted with maintaining law and order.
    • Example: A police officer responsible for arresting an accused in a case.
  2. Failure to Apprehend or Confine
    • If a public servant fails to arrest or detain a person as required, they can be charged under this section.
    • The failure can occur either by not attempting to apprehend or by failing to maintain proper custody.
  3. Intentional Omission
    • When the failure is deliberate, the public servant knowingly avoids their legal duty.
    • Punishment: Imprisonment for up to 3 years, a fine, or both. This reflects the severity of intentionally breaching public trust.
  4. Negligent Omission
    • If the failure occurs due to carelessness or negligence and not intentional wrongdoing, the punishment is lighter.
    • Punishment: Simple imprisonment for up to 2 years, a fine, or both.
  5. Legal Classification
    • Non-Cognizable: The police cannot arrest the public servant without prior permission from the court.
    • Bailable: The accused can secure bail.
    • Trial Process: Intentional cases are tried by a Magistrate of the First Class, while negligent cases can be tried by any Magistrate.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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

  1. For Intentional Omission: Imprisonment for up to three years, a fine, or both.
  2. 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.


Bharatiya Nyaya Sanhita Section 264

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial by
264Omission to apprehend or allowing escape of a person by a public servant– Intentional: Up to 3 years imprisonment, fine, or both
– Negligent: Up to 2 years simple imprisonment, fine, or both
BailableNon-CognizableIntentional cases: Magistrate of First Class
Negligent cases: Any Magistrate
Bharatiya Nyaya Sanhita Section 264

BNS Section 264 FAQs

What is the focus of BNS Section 264?

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?

Is BNS Section 264 bailable?

Is this offence cognizable or non-cognizable?

Which court handles cases under BNS Section 264?


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