Bharatiya Nyaya Sanhita, 2023 · Chapter XIV: Of False Evidence and Offences against Public Justice
Section 264: Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
In plain words
A public servant legally bound to arrest or hold someone in a case not covered by sections 259, 260, 261 or another law, who fails to arrest them or lets them escape, is punishable. If intentional: up to three years in prison, or a fine, or both. If negligent: simple imprisonment up to two years, or a fine, or both.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 264
No Supreme Court judgment in our database cites this section yet.