Code: Section 260 BNS
Whoever, being a public servant, legally bound as such public servant to
apprehend or to keep in confinement any person under sentence of a Court for any
offence or lawfully committed to custody, 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 for life or with imprisonment of either description for a
term which may extend to fourteen years, with or without fine, if the person in
confinement, or who ought to have been apprehended, is under sentence of
death; or
(b) 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, is subject, by a sentence of a Court, or by virtue of a commutation
of such sentence, to imprisonment for life or imprisonment for a term of ten years, or
upwards; or
(c) with imprisonment of either description for a term which may extend to
three years, or with fine, or with both, if the person in confinement or who ought to
have been apprehended, is subject by a sentence of a Court to imprisonment for a
term not extending to ten years or if the person was lawfully committed to custody.
Explanation of Section 260 BNS
Section 260 of the Bharatiya Nyaya Sanhita (BNS) focuses on the intentional failure of public servants who are legally obligated to apprehend or maintain individuals in custody. It criminalizes acts of negligence, willful omission, or active assistance in the escape of individuals who are either:
- Under a sentence of death or imprisonment for life or more, or
- Lawfully committed to custody.
This provision ensures that public servants remain accountable for maintaining the integrity of the justice system, safeguarding against corruption, negligence, and abuse of authority.
Key Elements of the Offence
- Public Servant: The offence applies to individuals in official positions (e.g., police officers, prison staff, correctional officers) with the legal duty to apprehend or detain individuals.
- Legal Duty to Apprehend or Confinement: The person must be under:
- A court sentence for any offence, or
- Lawful commitment to custody.
- Intentional Omission or Aid: The offence requires intentional:
- Omission to apprehend,
- Allowing escape without lawful justification, or
- Aiding in the escape.
- Punishment Based on the Severity of the Sentence:
- Death Sentence Cases: Life imprisonment or up to 14 years with/without fine.
- Life Imprisonment or 10+ Years: Up to 7 years with/without fine.
- Up to 10 Years Imprisonment or Lawful Custody: Up to 3 years, fine, or both.
Illustrations
Example 1: Public Servant Allowing Escape of a Death Row Prisoner
A prison officer is aware that a prisoner sentenced to death is planning to escape. Instead of reporting the issue or taking preventive measures, the officer intentionally allows the escape. This act is punishable under Section 260 with life imprisonment or up to 14 years.
Example 2: Police Officer Aiding a Convict to Escape
A police officer helps a convict who has been sentenced to life imprisonment escape custody in exchange for a bribe. The officer is liable for imprisonment of up to 7 years, with or without a fine.
Example 3: Negligence in Lawful Custody
A jailer intentionally neglects to secure a prisoner who was lawfully committed to custody, allowing the prisoner to escape. This omission is punishable with up to 3 years of imprisonment or a fine, or both.
Common Questions and Answers on Section 260 BNS
1. What is the key intent required to commit an offence under Section 260?
- Answer: The public servant must act intentionally, either by omitting to apprehend, allowing escape, or aiding in the escape of a person under legal custody.
2. What are the punishments for violating Section 260?
- Answer: The punishment varies based on the severity of the person’s sentence:
- Death sentence cases: Life imprisonment or up to 14 years.
- Life imprisonment or 10+ years sentence: Up to 7 years.
- Up to 10 years imprisonment or lawful custody: Up to 3 years, fine, or both.
3. Does Section 260 apply to all public servants?
- Answer: Yes, it applies to any public servant legally bound to apprehend or maintain custody of individuals under legal sentence or lawful commitment.
4. Can a public servant be punished even if they didn’t physically aid in the escape?
- Answer: Yes, if the public servant intentionally omitted their duty, such as failing to secure a prisoner, they can still be held liable under Section 260.
Conclusion
Section 260 of the Bharatiya Nyaya Sanhita reinforces the principle of accountability for public servants entrusted with maintaining the rule of law. It serves as a deterrent against negligence, corruption, and misconduct, ensuring that individuals under legal sentences or lawful commitment are safeguarded from unlawful release.
