Code: Section 259 BNS
Offence: Failure to Apprehend by Public Servant
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; or
(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; or
(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.
Explanation of Section 259 BNS
Section 259 of the BNSS deals with the deliberate failure of a public servant to perform their legal duty of apprehending an individual when they are specifically required to do so. This provision is crucial for maintaining the efficiency and integrity of law enforcement by holding officials accountable for willful neglect of duty.
Key Elements of the Offence:
- Public Servant: The individual must be a public servant entrusted with the legal duty to apprehend persons, such as police officers, enforcement officials, or any officer acting under the law.
- Lawful Duty to Apprehend: The public servant must have a legal obligation to apprehend a person, either under specific instructions or as part of their official responsibilities.
- Intentional Omission: The act of omission must be intentional, meaning the public servant deliberately chose not to apprehend the person despite being legally bound to do so.
- Punishment:
- Imprisonment for up to three years (either rigorous or simple imprisonment).
- A fine, or both imprisonment and fine.
Illustration
Example 1: Police Officer Failing to Apprehend a Fleeing Criminal
A police officer receives orders to apprehend a fugitive who is known to be hiding in a nearby area. Despite having the legal authority and duty to do so, the officer deliberately neglects the task, possibly due to personal reasons or corruption. This intentional omission is punishable under Section 259.
Example 2: Enforcement Officer Ignoring Arrest Warrant
An enforcement officer is provided with an arrest warrant to apprehend an individual involved in financial fraud. Knowing about the warrant, the officer intentionally avoids executing it. This failure, if proven intentional, falls under the purview of Section 259.
Common Questions and Answers on Section 259 BNS
1. What is the offence under Section 259 BNS?
- Answer: It is the intentional failure of a public servant to apprehend a person when legally required to do so.
2. What punishment is prescribed under Section 259 for intentional omission?
- Answer: The punishment includes imprisonment for up to three years, a fine, or both.
3. Does this section apply to all public servants?
- Answer: Yes, it applies to any public servant who has a lawful duty to apprehend individuals, including police officers, enforcement officials, and other law enforcement authorities.
Conclusion
Section 259 of the Bharatiya Nyaya Sanhita ensures that public servants are held accountable for neglecting their legal responsibilities, especially in critical situations involving the apprehension of individuals. By penalizing intentional omissions, the law promotes accountability, strengthens law enforcement, and upholds the rule of law.
