Is ‘intentional omission to apprehend on the part of public servant bound to apprehend’ an offence under I. P. C.? If yes, describe the offence.

Question: Is ‘intentional omission to apprehend on the part of public servant bound to apprehend’ an offence under I. P. C.? If yes, describe the offence.

Find the answer to the mains question only on Legal Bites. [Is ‘intentional omission to apprehend on the part of public servant bound to apprehend’ an offence under I. P. C.? If yes, describe the offence.]

Answer

Section 221 makes the punishable offence of Intentional omission to apprehend on the part of a public servant bound to apprehend.

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.

In the case of Suryamoorthy v Govindaswamy AIR 1989 SC 1410 it was held by the Hon’ble court that: If a public servant who is legally bound to apprehend or arrest a person, intentionally fails to do so, or allows the person who has been arrested to escape or helps such person to escape, or helps him attempt to escape from confinement, then it is an offence under this section.

If the person he fails to arrest or helps escape is accused of an offence punishable with death, then the public servant concerned will be punishable with imprisonment of either description for a term which may extend to seven years with or without fine;

if the offender is accused of an offence which is punishable for life imprisonment or imprisonment for a term which may extend to ten years, then the public servant is punishable with imprisonment of either description for a term which may extend to three years with or without fine;

if the offender was charged with an offence punishable with imprisonment for less than ten years, then the public servant is punishable with imprisonment of either description for a term which may extend to two years with or without a fine.

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