Section 259 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Intentional omission to apprehend on part of public servant bound to apprehend.

  1. 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.