Section 260 BNS | BNS 260
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or lawfully committed to custody, 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,—
260(a) BNS
with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or
260(b) BNS
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, is subject, by a sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or
260(c) BNS
with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended, is subject by a sentence of a Court to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody.
READ OTHER SECTIONS OF CHAPTER XIV — OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
FAQs of BNS Section 260
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260 BNS punishment and fine
Punishment and fine under Section 260 of the BNS—
260(a): Imprisonment for life, or imprisonment for 14 years, with or without fine.
260(b): Imprisonment for 7 years, with or without fine.
260(c): Imprisonment for 3 years, or fine, or both. -
260 BNS cognizable or not
The offence under Section 260(a), 260(b) and 260(c) of the BNS is cognizable.
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260 BNS bailable or not
The offence under Section 260(a) and 260(b) of the BNS is non-bailable and offence under Section 260(c) is bailable.
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260 BNS trial court
Offence specified in Section 260(a) of the BNS is triable by the Court of Session, while the offence specified in Section 260(b) and 260(c) is triable by a Magistrate of the first class.
Important Points
- Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
- Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
- Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
- In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.
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Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs