What is Section 225A IPC? Omission to apprehend, or sufferance of escape by public servant
Published on: Lawiz Team
Learn about Section 225A IPC: Omission to apprehend, or sufferance of escape by public servant
Official Legal Text
Whoever, being a public servant legally bound as such public servant to apprehend or to keep in confinement any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 225A punishes any public servant who negligently or intentionally fails to apprehend an offender or allows them to escape, in cases not covered by other sections.
Purpose
To ensure accountability of public servants in performing their duty to apprehend offenders.
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 negligently or intentionally allow an offender to escape. 3. The case must not be covered by any other specific section.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Defenses
If the public servant can prove they acted under lawful authority or had a valid reason for not apprehending the offender.
Judicial Interpretation
Courts focus on whether the omission to apprehend was intentional or negligent.
Illustration
If a jail officer intentionally leaves a prison gate unlocked, allowing prisoners to escape, they can be punished under Section 225A.
FAQs
What does Section 225A IPC define?
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for.
Where is Section 225A IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 225A IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 225A IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 225A IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 225A IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 225A IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.