BNS 260

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Introduction of BNS Section 260

BNS Section 260 in the Bharatiya Nyaya Sanhita (BNS) addresses situations where a public servant, legally obligated to apprehend or keep in custody individuals under a court sentence or lawfully committed to confinement, intentionally fails to do so. The section imposes serious penalties on public servants who allow such persons to escape or assist in their escape. The severity of the punishment depends on the nature of the original sentence of the individual who was unlawfully released or allowed to escape.

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The Bharatiya Nyaya Sanhita (BNS) Section 260 replaces the old Indian Penal Code (IPC) Section 222.

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What is BNS Section 260 ?

BNS Section 260 holds public servants accountable if they intentionally neglect their legal duty to apprehend or detain individuals sentenced by a court. The section emphasizes that any intentional failure to perform this duty, resulting in the individual’s escape, is punishable. The type and length of punishment depend on the seriousness of the original offense committed by the individual who escaped.

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BNS 260 in Simple Points

1. Duty to Apprehend and Detain
   Public servants, especially those in law enforcement roles, are legally bound to apprehend and securely detain individuals sentenced by a court or lawfully committed to custody. Failing to fulfill this responsibility, as mandated by law, breaches public trust and compromises safety.
2. Intentional Omission and Escape
   This section only applies when a public servant intentionally fails to apprehend or detain an individual, or actively assists or allows that person to escape. Unintentional failures or unavoidable circumstances are not covered here; the law specifically targets intentional negligence or aid.
3. Serious Penalties Based on Offense Level
   The punishment for the public servant varies depending on the original sentence of the individual involved:
   • If the escaped person was under a death sentence: The public servant can face imprisonment for life or up to 14 years, with or without a fine.
   • If the person was sentenced to life imprisonment or 10 years or more: The penalty is imprisonment up to 7 years, with or without a fine.
   • If the person was sentenced to less than 10 years or lawfully detained: The punishment may extend to 3 years, or a fine, or both.
4. Non-Bailable Offenses for Serious Cases
   For the most serious instances, such as cases involving death sentences or life imprisonment, the offense is non-bailable. This means that the public servant would not be granted bail as a matter of right and would require court discretion for release.
5. Legal Proceedings
   The trial process for cases under Section 2260 depends on the severity of the offense:
   • Cases involving death sentences are triable by the Court of Session.
   • Cases involving life imprisonment or a 10-year sentence are triable by a Magistrate of the first class.
   • Less severe cases, involving sentences under 10 years, are also triable by a Magistrate of the first class.

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Section 260 BNS Overview

BNS Section 260 in the Bharatiya Nyaya Sanhita (BNS) sets out rules for public servants who are legally obligated to apprehend or detain individuals either under court sentence or lawfully committed to confinement. If a public servant intentionally fails to carry out this duty, allows such individuals to escape, or aids in their escape, Section 260 establishes strict punishments. The punishment depends on the gravity of the offense that the person was sentenced for, ranging from imprisonment to life sentences, with or without fines.

BNS Section 260 Explained: 10 Key Points

1. Legal Obligation for Public Servants
   Public servants, such as police officers, wardens, or any official assigned to keep individuals in custody, have a legal duty to apprehend or confine individuals under a court sentence or lawfully detained. If they intentionally omit to do so, they violate this duty and face penalties.
2. Intentional Omission or Assistance in Escape
   The law addresses cases where the public servant’s failure is intentional. It does not apply to cases of accidental omissions. Section 260 specifically targets scenarios where the public servant purposefully allows, assists, or facilitates the escape of someone they are legally bound to detain.
3. Classification Based on Original Offense
   The punishment for the public servant varies according to the severity of the original offense committed by the individual who escaped. For instance:
   • Death Sentence: The highest level of penalty applies if the escaped person was under a death sentence.
   • Life Imprisonment or Ten Years: Moderate penalties apply if the person was sentenced to life or a minimum of ten years.
   • Less than Ten Years: The lowest penalties apply if the individual was sentenced to less than ten years.
4. Punishment: Death Sentence Scenario
   If the escaped individual was sentenced to death, the public servant who allowed or assisted the escape may face life imprisonment or up to fourteen years in prison, with or without an additional fine. This stringent punishment reflects the serious implications of the escape of an individual facing the death penalty.
5. Punishment: Life Imprisonment or Ten Years
   If the individual escaping was sentenced to life imprisonment or at least ten years, the punishment for the public servant can extend to seven years in prison, with or without a fine. The law recognizes the severity of helping someone with a serious sentence to escape.
6. Punishment: Less Than Ten Years or Lawfully Committed
   For cases where the escaped individual was sentenced to less than ten years or was lawfully committed to custody, the public servant may face imprisonment for up to three years, a fine, or both. This recognizes that while the offense is serious, it is less severe than higher categories.
7. Non-Bailable Offenses for Serious Cases
   For cases involving sentences of death or life imprisonment, the offense under BNS Section 260 is non-bailable. This means the accused public servant cannot be released on bail as a right, and any bail decision will be at the court’s discretion.
8. Trial and Court of Jurisdiction
   Depending on the severity of the escaped individual’s original sentence, cases under BNS Section 260 are tried either in the Court of Session for serious cases (death sentence) or by a Magistrate of the first class for other cases (life imprisonment, lesser sentences).
9. Impact on Public Trust and Safety
   Section 260 acknowledges the role of public servants in upholding public trust and safety. Allowing someone to escape is not just an individual failure but endangers the community and erodes confidence in law enforcement. By imposing severe penalties, the law aims to deter public servants from aiding or neglecting their duties.
10. Intent to Prevent Misuse of Authority
    This law underscores that a public servant’s power must be exercised with integrity. The intentional release or aid in escape constitutes a misuse of authority, and this law prevents individuals in power from abusing their position to enable escape, especially for individuals charged or convicted of serious crimes.

Two Examples of BNS Section 260 Application

1. Example 1: Officer Allows Escape of Death-Row Convict
   A prison warden responsible for a prisoner sentenced to death intentionally turns a blind eye as the prisoner breaks out of jail. Under BNS Section 260(a), the warden is charged with intentional omission to apprehend, facing life imprisonment or a maximum of fourteen years, with or without a fine. This is due to the gravity of allowing a high-risk individual sentenced to death to escape.
2. Example 2: Police Officer Assists Escape of Life-Sentenced Individual
   A police officer who is transporting a prisoner sentenced to life imprisonment intentionally stops at an unsecured location, providing an opportunity for the prisoner to escape. Under BNS Section 260(b), the officer could face up to seven years of imprisonment with or without a fine for failing to keep a serious offender in custody. This penalty reflects the responsibility the officer had to prevent the escape of someone serving a life sentence.

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BNS 260 Punishment

1. Imprisonment:
   • For individuals under a death sentence: Imprisonment for life or up to 14 years.
   • For individuals sentenced to life or 10+ years: Imprisonment up to 7 years.
   • For individuals sentenced to less than 10 years or lawfully committed: Imprisonment up to 3 years.
2. Fine:
   • The court may impose fines in addition to imprisonment, with the option to apply fines based on the severity of the public servant’s role in aiding the escape.

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BNS 260 bailable or not ?

• Non-Bailable for cases involving individuals under a death sentence or life imprisonment.
• Bailable for cases involving individuals with sentences under 10 years or other lawful commitments.

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Bharatiya Nyaya Sanhita Section 260

Clause	Description	Punishment	Cognizability	Bailability	Trial Court
260(a)	Omission to apprehend individual sentenced to death.	Life imprisonment or 14 years	Cognizable	Non-bailable	Court of Session
260(b)	Omission to apprehend individual sentenced to life or 10+ years.	Up to 7 years imprisonment	Cognizable	Non-bailable	Magistrate of 1st class
260(c)	Omission to apprehend individual sentenced to less than 10 years or lawfully committed.	Up to 3 years imprisonment or fine	Cognizable	Bailable	Magistrate of 1st class

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BNS Section 260 FAQs

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