What is the punishment under BNS Section 264?

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

Is BNS Section 264 bailable or non-bailable?

Under the new legal framework, this specific offense is classified as a Non-bailable offense.

Is BNS Section 264 a cognizable offense?

The legal status regarding police arrest without a warrant is that this offense is Cognizable.

Which court has the jurisdiction to try cases under BNS Section 264?

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

Can BNS Section 264 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 264- Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for | Bharatiya Nyaya Sanhita 2023

Hello readers! Today, we are going to break down Section 264 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

Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.—Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished— if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Procedural Details

Punishment

Imprisonment up to Three Year(s) + Fine

Nature of Offense

Cognizable

Bail Eligibility

Non-bailable

Compoundability

Non-Compoundable (Refer to BNSS 359 for exceptions)

Trial Court

Magistrate First Class

Frequently Asked Questions about BNS Section 264

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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.