Legal Provisions of Section 225A of Indian Penal Code, 1860.
Omission to apprehend or sufferance of escape, on part of public servant, in cases not otherwise provided for:
ADVERTISEMENTS:
This section was added by the Indian Criminal Law (Amendment) Act, 1886 in place of the old section 225-A which had been inserted in the Code by the Indian Penal Code (Amendment) Act, 1870. The section penalises omission on the part of a public servant to apprehend, or sufferance of escape on his part, in cases not otherwise provided for. It says that whoever, being a public servant legally bound as such either to apprehend, or to keep in confinement, any person in any case not provided for in any of the sections 221, 222 or 223 of the Code, or in any other law in existence at the time, either omits to apprehend him, or suffers him to escape from confinement, shall be punished with simple or rigorous imprisonment for a term extending up to three years, or with fine, or with both if he does so intentionally, and with simple imprisonment for a term extending up to two years, or with fine, or with both if he does so negligently.
The section was added with a view to cover such cases which had not been taken care of till then under the Indian Penal Code or any other law. The section requires that the public servant must be legally bound, as such public servant, to apprehend any person or to keep him in confinement.
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He must either omit to apprehend that person or suffer him to escape from confinement. Intentionally doing so has been punished more severely than doing so negligently. Omission to keep the doors of a room secured to keep a person in confinement is a negligence on the part of the police officer for which he is liable under the latter part.
If the omission or sufferance is intentional the offence under this section is non- cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first class. If, on the other hand, the omission or sufferance is negligent the offence under this section is non-cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first or second class.