The Bharatiya Nyaya Sanhita, 2023 has replaced the colonial Indian Penal Code. With this change comes a modern approach to criminal law. Among the many updated sections is BNS Section 264, which addresses an important issue—what happens when a public servant fails to arrest or lets a person escape.
Let’s understand this section in simple words with relevant case laws and examples.
Understanding BNS Section 264
BNS Section 264 states that:
If a public servant who is legally bound to apprehend or detain a person intentionally fails to do so, or lets the person escape, and there is no other specific provision covering such conduct, then this section applies.
The law provides punishment for such misconduct, especially when it’s not addressed under any other law.
In Plain English
This section deals with public servants like police officers, jail authorities, or others who are responsible for arresting or holding accused persons.
If they:
- Don’t arrest someone they are supposed to, or
- Allow the person to escape, or
- Do this intentionally,
- And no other section applies to that act,
Then Section 264 steps in.
So, this is a catch-all provision. It’s meant for cases where there is no specific law, but still, the act is wrongful.
Why Is This Important?
Imagine if a police officer simply decides not to arrest someone—just because they’re friends. Or allows an accused person to escape from custody without reason.
These actions damage the justice system.
That’s why Section 264 ensures that such negligence or corrupt actions by public servants are punished.
Key Elements of the Offence
To invoke BNS Section 264, the following conditions must be met:
- The person is legally bound to apprehend or keep someone in custody.
- The person fails to do so, or allows an escape.
- The act is intentional.
- There’s no specific legal provision that covers this exact situation.
Real-Life Example
Suppose a constable is asked to arrest a wanted accused in a theft case. He knows where the accused is hiding but chooses not to act—because the accused paid him off.
There is no direct bribe proof. But his deliberate omission to apprehend becomes punishable under Section 264.
Punishment under Section 264
While BNS 2023 doesn’t specify exact years in this section directly (as it’s reserved for situations not otherwise provided for), courts may decide penalties based on:
- The severity of the original offence,
- The role of the public servant,
- And other surrounding circumstances.
This allows flexibility in sentencing.
Difference from Other Sections
There are other BNS sections dealing with similar misconduct. For example:
- Section 259 – When a public servant intentionally avoids arresting someone who is charged with a crime.
- Section 260 – When they intentionally let an accused escape.
- Section 261 – For general resistance to arrest by the accused.
But BNS Section 264 is used only when none of those other sections apply. It fills the legal gap.
Relevant Case Laws (IPC Equivalents)
Since BNS is new, let’s refer to judgments under Indian Penal Code Sections 221-225, which are now restructured in BNS.
State of U.P. v. Tulsi Ram (AIR 1971 SC 1610)
A police officer let an accused flee during custody. The Court held that public servants are expected to uphold justice, not bypass it.
M.C. Abraham v. State of Maharashtra (2003 AIR SC 4776)
Here, the Supreme Court stressed that failure to arrest, when bound by law, is serious misconduct if done deliberately.
These cases help us understand the spirit behind BNS Section 264.
Short Note on BNS Section 264
- Deals with public servants failing to arrest or allowing an escape.
- Applies only when no other section fits.
- Focuses on intentional acts, not genuine mistakes.
- Protects accountability in law enforcement.
- Penalty depends on facts and court discretion.
Why It Matters Today
In modern India, the accountability of public servants is a major concern. Cases of police inaction, corruption, and collusion with criminals hurt public trust.
BNS Section 264 is an attempt to fix that. It ensures that no one is above the law—not even those who enforce it.
When discussing BNS Section 264 Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for, we must understand:
- This section is broad in scope,
- Acts as a fallback provision,
- And ensures no public servant escapes liability through legal loopholes.
It’s a powerful tool to ensure integrity in the justice system.
Conclusion
BNS Section 264 may not be used often, but it’s crucial. It makes sure that every misconduct by a public servant is covered—even those not explicitly listed elsewhere.
It tells public servants: Do your duty, or face the law.
And for the public, it assures that justice isn’t just about catching criminals—it’s also about holding the protectors accountable.
Disclaimer
This article is for general awareness and educational purposes only. It is not a substitute for legal advice. For any legal concerns or case-specific queries, always consult a qualified legal expert.
