Bharatiya Nyaya Sanhita, 2023
Section 264
Omission to apprehend, or sufferance of escape, on part of public servant, in cases not
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 259, section 260 or section 261, 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—
(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Why this exists
The earlier sections deal with specific, serious categories of custody failure. This provision fills any gaps, ensuring that a public servant's failure to arrest or guard someone cannot escape punishment merely because the exact scenario wasn't spelled out elsewhere. It preserves the old IPC Section 222/223 residual coverage.