Section 259Intentional omission to apprehend on part of public servant bound to apprehend
Chapter XIV — Of False Evidence and Offences Against Public Justice
Copied from the Official Gazette. Not yet reviewed by a qualified legal professional.
Text of the law
Official text (Gazette) Not yet legally reviewedWhoever, 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.
Amendments, judgments and appeal information have not been added for this section yet.
Source and checking
- Where this text comes from
- Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
- Type of text
- Official text (Gazette)
- Pages in the Gazette
- p. 71
- Text version
- As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
- When the Act came into force
- 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
- Checked by computer against the Gazette?
- Yes, words and structure match
- Reviewed by a qualified legal professional?
- Not yet
- Copied on
- 6 Nov 2026
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