IPC Section 221

Indian Penal Code

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IPCChapter XI

S. 221

Intentional omission to apprehend on the part of public servant bound to apprehend

Description

Whoever, being a pubic 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 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.

Classification u/schedule 1 CrPC

Offence

Punishment

  1. Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, If the offence be Capital
  2. If punishable with imprisonment for life or imprisonment for 10 Years
  3. If punishable with imprisonment for less than 10 Years
  1. 7 Years with or without Fine
  2. 3 Years with or without Fine
  3. 2 Years with or without Fine

Cognizance

Bail

Triable By

  1. Same As Offence
  2. Cognizable
  3. Cognizable
  1. Bailable
  2. Bailable
  3. Bailable
  1. Magistrate First Class
  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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