Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
Section 264 of the Bharatiya Nyaya Sanhita, 2023 deals with omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. 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 f The Act came into force on 01 Jul 2024.
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.
Section 264, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 225A Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: (a) in case of intentional omission or sufferance; | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for: (b) in case of negligent omission or sufferance. | Simple imprisonment for 2 years, or fine, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anwar vs State of Kerala
Decided under Indian Penal Code 225A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While a defense of police constable's intoxication cannot be raised for the first time in a revision petition when it was not suggested during cross-examination of witnesses, the evidence regarding the constable's intoxication can be considered as a mitigating factor in sentencing for escape from custody under Section 225A IPC. The court has discretion to impose a proportionate sentence, which may include a fine instead of imprisonment, when circumstances warrant such modification.
On this section: Offense of escape from custody - the accused was charged and convicted under this section for escaping from the custody of the police constable while being escorted to prison
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 264
What have the courts held on Section 264 of the Bharatiya Nyaya Sanhita?
Anwar vs State of Kerala (16 Feb 2009) is the leading judgment on this section among those set out below, though it was decided under IPC 225A, which this section replaced -- the court never mentioned this Act: Offense of escape from custody - the accused was charged and convicted under this section for escaping from the custody of the police constable while being escorted to prison.
Is Section 264 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 264 of the Bharatiya Nyaya Sanhita cognizable?
Non-cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 264 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 264, section 264 BNS, section 264 of the Bharatiya Nyaya Sanhita. People searching for it also type 264 bns act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Anwar vs State of Kerala (16 Feb 2009).
What should I read with Section 264 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 259 (Intentional omission to apprehend on part of public servant bound to apprehend), section 260 (Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed), section 261 (Escape from confinement or custody negligently suffered by public servant), so none of them can safely be read on its own. It carries forward IPC 225A (Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for), so the judgments decided under that provision are the case law on this one.
When did Section 264 of the Bharatiya Nyaya Sanhita come into force?
Section 264 of the Bharatiya Nyaya Sanhita, cited as BNS 264, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.