What is the punishment under BNS Section 261?

The punishment for this specific offense is outlined under the new law as: Imprisonment up to Two Year(s) + Fine.

Is BNS Section 261 bailable or non-bailable?

Under the new legal framework, this specific offense is classified as a Bailable offense.

Is BNS Section 261 a cognizable offense?

The legal status regarding police arrest without a warrant is that this offense is Non-cognizable.

Which court has the jurisdiction to try cases under BNS Section 261?

Cases pertaining to this specific BNS section are triable by the Any Magistrate.

Can BNS Section 261 be compromised (Compoundable)?

The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).

BNS Section 261- Escape from confinement or custody negligently suffered by public servant | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 261 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.

Bare Act Text

Escape from confinement or custody negligently suffered by public servant.—Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Procedural Details

Punishment

Imprisonment up to Two Year(s) + Fine

Nature of Offense

Non-cognizable

Bail Eligibility

Bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Any Magistrate

Frequently Asked Questions about BNS Section 261

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.