Code Section 264 BNS
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.
Explanation of Section 264 BNS
Section 264 of the Bharatiya Nyaya Sanhita (BNS) deals with the failure of public servants to perform their legal duty to apprehend or confinement of individuals, especially in cases where the situation is not specifically covered under sections 259, 260, or 261.
This section is designed to ensure that public servants remain accountable for their actions, whether they intentionally neglect their duties or do so due to negligence.
Key Elements of the Offense
- Public Servant:
- The person must be a public servant with a legal duty to apprehend or confine individuals.
- Legal Duty:
- The duty must be legally binding, not just moral or administrative.
- Cases Not Covered Under Specific Sections:
- This section applies to cases not covered under sections 259, 260, or 261 or other specific laws.
- Intentional vs. Negligent Omission:
- Intentional omission leads to up to 3 years imprisonment or fine or both.
- Negligent omission results in up to 2 years simple imprisonment or fine or both.
Illustrations
Example 1: Negligence in Confinement
A prison guard fails to lock the door of a prison cell, allowing a convict to escape. If this was due to negligence, the guard could be punished under Section 264 with up to 2 years imprisonment or fine.
Example 2: Intentional Failure to Apprehend
A police officer is aware of a wanted criminal in the area but intentionally avoids arrest because of personal connections with the criminal. This intentional omission can attract up to 3 years imprisonment or a fine.
Example 3: Failing to Apprehend a Person Lawfully Committed
A public servant tasked with apprehending a person under a court order deliberately fails to carry out the task, resulting in the person’s escape. This act of omission is punishable under Section 264.
Common Questions and Answers on Section 264 BNS
1. What is the difference between intentional and negligent omission under Section 264?
- Answer:
- Intentional omission occurs when the public servant deliberately avoids performing their duty.
- Negligent omission happens when the failure is due to carelessness or lack of attention, not deliberate intent.
2. Can a public servant be punished under Section 264 even if no harm was caused?
- Answer: Yes, the failure to perform a legal duty itself is an offense, even if it does not result in actual harm.
3. Does this section apply to private individuals?
- Answer: No, Section 264 applies only to public servants who have a legal obligation to apprehend or confine individuals.
4. What are the penalties for negligence?
- Answer: Simple imprisonment for up to 2 years, or fine, or both.
5. How does Section 264 differ from Sections 259, 260, and 261?
- Answer: Sections 259, 260, and 261 cover specific offenses like resistance to apprehension, intentional omission in serious cases, and negligent confinement. Section 264 covers cases not specifically addressed by those sections.
Conclusion
Section 264 of the Bharatiya Nyaya Sanhita (BNS) plays a crucial role in holding public servants accountable for omissions related to the apprehension or confinement of individuals. It ensures that public servants do not neglect their duties, whether intentionally or negligently, thereby upholding the rule of law and public trust in the justice system.
