Section 261 BNS: Escape from confinement or custody negligently suffered by public servant

Section 261 BNS | BNS 261

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.

READ OTHER SECTIONS OF CHAPTER XIV — OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

FAQs of BNS Section 261

  1. 261 BNS punishment and fine

    Punishment and fine under Section 261 of the BNS: Simple imprisonment for 2 years, or fine, or both.

  2. 261 BNS cognizable or not

    The offence under Section 261 of the BNS is non-cognizable.

  3. 261 BNS bailable or not

    The offence under Section 261 of the BNS is bailable.

  4. 261 BNS trial court

    Offence specified in Section 261 of the BNS is triable by any Magistrate.

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.

Read other Sections of the BNS

Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs

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