| Category of Bare Act | Name of the Act | Year of Promulgation |
|---|---|---|
| Criminal Laws | Indian Penal Code | 1860 |
| Act Number | Enactment Date | Chapter Number |
| 45 | 06.10.1860 | 11 |
| Chapter Title | Sub-Chapter | Legislated by |
| Of False Evidence and Offences Against Public Justice | - | Parliament of India |
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 as follows, that is to say:—
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
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 1[imprisonment for life] or imprisonment for a term which may extend to ten years; or
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.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
|
Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence be capital. If punishable with imprisonment for life or imprisonment for 10 years. If punishable with imprisonment for less than 10 years. |
Imprisonment for 7 years with or without fine. Imprisonment for 3 years with or without fine. Imprisonment for 2 years with or without fine. |
According as the offence in relation to which such omission has been made is cognisable or non-cognisable. Cognisable Ditto |
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
|
Bailable Ditto Ditto |
Magistrate of the first class. Ditto Ditto |
Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |