This section punishes any officer whose prisoner escapes.

It only punishes intentional acts — deliberately omitting to arrest or deliberately allowing/aiding an escape. Careless or accidental escapes are covered separately under Section 223, which deals with negligence.

This section applies to all detained persons, including undertrial suspects.

Section 222 specifically covers persons already under a court's sentence or lawfully committed to custody; mere accused persons awaiting trial are covered under the related Section 221.

Indian Penal Code, 1860

Section 222

repealed

Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence or lawfully committed to custody, 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:§

Why this exists

Colonial-era lawmakers wanted to make sure that jailers, police officers, and other officials responsible for custody could be held criminally liable if they deliberately let a convicted or lawfully detained person go free. Section 222 targets people whose duty is tied to someone already sentenced or lawfully committed (as opposed to Section 221, which deals with mere accused persons, and Section 223, which covers negligent — not intentional — escapes). The provision protects the integrity of court sentences and lawful detention orders by punishing deliberate misconduct by those entrusted with custody.

Common misconceptions

Myth: This section punishes any officer whose prisoner escapes.
Fact: It only punishes intentional acts — deliberately omitting to arrest or deliberately allowing/aiding an escape. Careless or accidental escapes are covered separately under Section 223, which deals with negligence.
Myth: This section applies to all detained persons, including undertrial suspects.
Fact: Section 222 specifically covers persons already under a court's sentence or lawfully committed to custody; mere accused persons awaiting trial are covered under the related Section 221.