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Section225A
The Indian Penal Code, 1860

Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for

Repealed From 01 Jan 1862 Act 45 of 1860 As on 17 Oct 2026

Act 45 of 1860 Ministry Home Affairs Enacted 06 Oct 1860 In force 01 Jan 1862

This provision is repealed. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 225A of the Indian Penal Code, 1860 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 221, section 222 or section 223, 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 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

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 221, section 222 or section 223, 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 225A, The Indian Penal Code, 1860 (Act 45 of 1860).

Now in the Bharatiya Nyaya Sanhita

BNS 264 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 The repealed enactment still governs what happened while it was in force.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

  1. s. 221 Intentional omission to apprehend on the part of public servant bound to apprehend
  2. s. 222 Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
  3. s. 223 Escape from confinement or custody negligently suffered by public servant

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.

  1. Anwar vs State of Kerala

    High Court 16 Feb 2009 Persuasive (Other High Court)

    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

    Read the full order on eCourts India

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 225A

What have the courts held on Section 225A of the Indian Penal Code?

Anwar vs State of Kerala (16 Feb 2009) is the leading judgment on this section among those set out below: 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.

How do I find court cases under Section 225A of the Indian Penal Code?

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: IPC 225A, section 225A IPC, section 225A of the Indian Penal Code. 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 225A of the Indian Penal Code, and has it changed?

Its own text turns on section 221 (Intentional omission to apprehend on the part of public servant bound to apprehend), section 222 (Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed), section 223 (Escape from confinement or custody negligently suffered by public servant), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNS 264 (Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 225A of the Indian Penal Code come into force?

Section 225A of the Indian Penal Code, cited as IPC 225A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.

Other sections of this Act

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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.