IPC Section 222

Indian Penal Code

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IPCChapter XI

S. 222

Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

Description

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, 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 for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or

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, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years or upwards; or

With imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.

Classification u/schedule 1 CrPC

Offence

Punishment

  1. Intentional omission to apprehend on the part of A public servant bound by law to apprehend person under sentence of a court of Justice, If under sentence of death
  2. If under sentence of imprisonment for life or imprisonment for 10 Years, or upwards
  3. If under sentence of imprisonment for less than 10 Years of lawfully committed to custody
  1. Imprisonment for Life or 14 Years with or without Fine
  2. 7 Years with or without Fine
  3. 3 Years or Fine or Both

Cognizance

Bail

Triable By

  1. Cognizable
  2. Cognizable
  3. Cognizable
  1. Non-Bailable
  2. Non-Bailable
  3. Bailable
  1. Court of Session
  2. Magistrate First Class
  3. Magistrate First Class

Composition u/s 320 CrPC

Offence is NOT listed under Compoundable Offences

By Raman Devgan
Updated: 31 Oct 2022
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