Legal provisions regarding Intentional omission to apprehend on the part of public servant bound to apprehend under section 221 of Indian Penal Code, 1860.
Intentional omission to apprehend on the part of 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 as follows, that is to say;
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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.”
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The object of Section 221, along with Sections 222 and 223 is to provide punishment for intentional omission to apprehend, or negligently suffering the escape of offenders on the part of public servant bound to apprehend or to keep in confinement.
The points requiring proof under Section 221 are:
(i) A person was charged with, or liable to be apprehended for an offence;
(ii) The accused was a public servant;
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(iii) He was legally bound to apprehend, or confine the person;
(iv) The accused (a) omitted to apprehend, or (b) suffered him to escape; (c) aided him in escaping or attempting to escape;
(v) He did so intentionally.
Previous sanction for a prosecution under Section 221 is necessary in a case falling under Section 197 of the CrPC. The offence is non-cognizable but warrant should ordinarily issue. It is bailable but not compoundable and it is triable by a Magistrate of the first class.