- Intentional omission to apprehend on the part of public servant bound to apprehend —
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 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.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 7 years, with or without fine—According as the offence in relation to which such omission has been made in cognizable or non-cognizable—Bailable—Triable by Magistrate of the first class—Noncompoundable.
Para II: Punishment—Imprisonment for 3 years, with or without fine— Cognizable—Bailable—Triable by Magistrate of the first class—Noncompoundable.
Para III: Punishment—Imprisonment for 2 years, with or without fine— Cognizable—Bailable—Triable by Magistrate of the first class—Noncompoundable.