Bharatiya Nyaya Sanhita: Section 259 – Intentional omission to apprehend on the part of public servant bound to apprehend

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished—

(a) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death;

(b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years;

(c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.

Simplified Explanation

This section penalizes intentional neglect or assistance by public servants who are legally bound to apprehend or confine persons charged with an offence or liable for arrest.

Key Provisions

1. Who is Liable?
   • Public servants legally bound to:
     • Apprehend individuals charged with or liable to be arrested for an offence.
     • Keep such individuals in lawful confinement.
2. Offences Covered:
   • The section applies to situations where the public servant:
     • Intentionally omits to apprehend a person they are legally bound to arrest.
     • Intentionally allows the person to escape from confinement.
     • Intentionally aids the individual in escaping or attempting to escape from confinement.
3. Degrees of Punishment:
   • The severity of punishment depends on the gravity of the offence the individual was charged with or liable for arrest:
4. (a) If the offence is punishable with death:
   • Punishment: Imprisonment for up to 7 years, with or without fine.
5. (b) If the offence is punishable with life imprisonment or imprisonment up to 10 years:
   • Punishment: Imprisonment for up to 3 years, with or without fine.
6. (c) If the offence is punishable with imprisonment for less than 10 years:
   • Punishment: Imprisonment for up to 2 years, with or without fine.

Legal Implications:

• This section seeks to maintain accountability for public servants tasked with enforcing the law.
• It penalizes acts of intentional neglect or complicity, which undermine justice and may facilitate criminal acts.
• By categorizing punishment based on the severity of the offence, it ensures proportionality in sentencing.

Key Elements to Prove Guilt:

• Legal Duty: The accused must be legally bound to apprehend or confine the person.
• Intentional Act: The omission, escape, or aid must be deliberate, not accidental.
• Knowledge of the Offence: The public servant must be aware of the offence for which the person was liable to be apprehended.

Practical Impact:

This provision reinforces the integrity of law enforcement and judicial processes. It acts as a deterrent against:

• Corruption or collusion with offenders.
• Negligence in fulfilling legal obligations.

It also protects the public interest by ensuring that individuals charged with crimes face the due process of law.