What is Section 221 IPC? Intentional omission to apprehend by public servant bound to apprehend

Published on: Lawiz Team

Learn about Section 221 IPC: Intentional omission to apprehend by public servant bound to apprehend

Official Legal Text

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 according to the severity of the offence involved.

What This IPC Section Means – Explained in Simple Words

Section 221 punishes any public servant who intentionally fails to arrest a person they are legally bound to apprehend.

Purpose

To ensure that public servants fulfill their duty to apprehend offenders and do not allow them to escape justice.

Bailable or Not Bailable & Punishment

Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.

Key Elements

1. The person must be a public servant. 2. They must be legally bound to apprehend an offender. 3. They must intentionally fail to apprehend the person.

Punishment Details

Imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Legal Defenses

If the public servant can prove they were unaware of the person's criminal status or acted under lawful authority.

Judicial Interpretation

Courts focus on the intention to avoid arresting the person.

Illustration

If a police officer refuses to arrest a suspect despite knowing they are a criminal, they can be punished under Section 221.

FAQs

What does Section 221 IPC define?

Intentional omission to apprehend by public servant bound to apprehend.

Where is Section 221 IPC applicable?

It applies to criminal proceedings, obstruction of justice, or misuse of authority.

Why is Section 221 IPC significant?

It safeguards judicial processes, law enforcement, and accountability in the legal system.

Give an example involving Section 221 IPC.

Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.

What punishment is prescribed under Section 221 IPC?

Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.

Is Section 221 IPC linked with other IPC laws?

Yes, often related to offences against public justice, corruption, and custody breaches.

How do courts view Section 221 IPC?

Courts interpret such cases seriously to ensure deterrence against interfering with justice.