Bharatiya Nyaya Sanhita, 2023

Section 264 BNS: Omission to Apprehend or Sufferance of Escape by Public Servant

Section 264 of the Bharatiya Nyaya Sanhita, 2023 applies to a public servant who is legally bound to apprehend a person or keep a person in confinement, but omits to apprehend that person or allows that person to escape, where the case is not otherwise covered by Sections 259, 260 or 261 BNS or another law in force.

Intentional case Up to 3 years, or fine, or both

Negligent case Simple imprisonment up to 2 years, or fine, or both

Cognizability Non-cognizable

Bail Bailable

Text of Section 264 BNS

264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished-

(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and

(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Meaning and Scope of Section 264

Section 264 is a residual provision dealing with omission to apprehend or sufferance of escape by a public servant in cases not otherwise specifically covered by Sections 259, 260 or 261 BNS or by another law for the time being in force.

The provision applies only where the accused is a public servant who is legally bound, in that capacity, either to apprehend a person or to keep that person in confinement. A legal duty to apprehend or confine is therefore an essential foundation of the offence.

The expression "omits to apprehend" covers failure to carry out the legally required apprehension. The expression "suffers him to escape from confinement" concerns allowing a person who is required to be kept confined to escape from that confinement.

Essential Ingredients of Section 264 BNS

The principal statutory ingredients are:

the accused must be a public servant;
the public servant must be legally bound, in that capacity, to apprehend a person or keep a person in confinement;
the case must not already be provided for under Section 259, Section 260 or Section 261 BNS, or another law in force;
the public servant must omit to apprehend the person or suffer the person to escape from confinement; and
the omission or sufferance must be either intentional or negligent, because the applicable punishment depends on that distinction.

Residual nature of the provision: Section 264 applies only to cases not otherwise provided for in Sections 259, 260 or 261 BNS or in another law for the time being in force.

Intentional Omission and Negligent Omission

Clause (a): Intentional omission or sufferance

Where the public servant intentionally omits to apprehend the person or intentionally allows the person to escape from confinement, clause (a) applies. The maximum punishment is imprisonment of either description for three years, or fine, or both.

Clause (b): Negligent omission or sufferance

Where the omission to apprehend or sufferance of escape is negligent rather than intentional, clause (b) applies. The prescribed maximum punishment is simple imprisonment for two years, or fine, or both.

The distinction between intentional and negligent conduct is significant because it affects both the nature of imprisonment and the Court competent to try the offence under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Punishment, Cognizability, Bail and Trial Court

Clause	Punishment	Cognizable	Bailable	Triable by
(a) Intentional omission or sufferance	Imprisonment up to 3 years, or fine, or both	Non-cognizable	Bailable	Magistrate of the first class
(b) Negligent omission or sufferance	Simple imprisonment up to 2 years, or fine, or both	Non-cognizable	Bailable	Any Magistrate

These procedural classifications are stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Relationship with Sections 259, 260 and 261 BNS

Section 264 expressly excludes matters already dealt with by Sections 259, 260 and 261 BNS. Those provisions address particular situations involving a public servant's duty to apprehend or keep persons in confinement.

Section 259 BNS deals with intentional omission to apprehend by a public servant bound to apprehend.
Section 260 BNS deals with intentional omission to apprehend a person under sentence or lawfully committed.
Section 261 BNS deals with escape from confinement or custody negligently suffered by a public servant.

Section 264 therefore operates as a broader residual provision where the public servant's omission or sufferance of escape does not fall within those specifically defined situations.

Section 264 BNS and the Earlier IPC Provision

The subject matter of Section 264 BNS substantially corresponds to the earlier Section 225A of the Indian Penal Code, 1860, which dealt with omission to apprehend or sufferance of escape by a public servant in cases not otherwise provided for. For conduct governed by the Bharatiya Nyaya Sanhita after its commencement, Section 264 BNS is the current statutory reference.

Official Legal Resources

For the authoritative statutory text, procedural classification and updates concerning the new criminal laws, refer to India Code and the Ministry of Home Affairs resources linked in the right sidebar.

Last reviewed: 9 September 2026.