IPC 221 - Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, If the offence be Capital
Description of IPC 221
Description of IPC Section 221
According to section 221 of Indian penal code, Whoever, being a pubic 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 as follows, that is to say:
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, was charged with, or liable to be apprehended for, an offence punishable with death; or
with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or
with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.
IPC 221
| Offence | Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, If the offence be Capital |
| Punishment | 7 Years with or without Fine |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable | Sessions Court |
For capital offenses: Up to 7 years imprisonment, with or without fine. For offenses punishable with life imprisonment or up to 10 years: Up to 3 years imprisonment, with or without fine. For less serious offenses: Up to 2 years imprisonment, with or without fine.
IPC 221 in Simple Words
In simple words, Section 221 of the Indian Penal Code states that if a public servant, who is responsible for apprehending someone charged with an offense, intentionally fails to do so or aids their escape, they can be punished with different terms of imprisonment and fines depending on the severity of the offense, ranging from two to seven years.
Importance and Practical application
IPC Section 221 is critical in ensuring that public servants perform their duty of law enforcement without bias, negligence, or malicious intent. It protects the legal process by holding public servants accountable for apprehending individuals charged with offenses, preventing them from aiding in an escape or failing in their duty. This section promotes accountability and discourages corruption or favoritism within law enforcement.
Practical application:
Examples: A police officer neglects their duty to arrest a person charged with a serious crime or helps them escape. Legal Consequences: Holds public servants accountable for their duties and prevents abuse.Conclusion
IPC Section 221 ensures that public servants do not obstruct justice by neglecting to arrest or assisting in the escape of individuals who are legally required to be apprehended. It safeguards the integrity of the legal system by imposing penalties on those who fail to carry out their responsibilities, thereby fostering trust in law enforcement and judicial processes.