Indian Penal Code, 1860
Section 225A
repealedOmission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
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:
Why this exists
The Indian Penal Code created several sections (221-225) to punish public servants who fail to arrest people or let prisoners escape, but each earlier section applied to specific scenarios—like ignoring a court order, warrant, or sentence. Section 225A was added as a 'catch-all' provision to cover any remaining situation where a public servant had a legal duty to arrest or detain someone but failed to do so, ensuring no such lapse goes unpunished simply because it doesn't fit neatly into the earlier categories.
Common misconceptions
- Myth: This section only applies to police officers.
Fact: It applies to any 'public servant' who has a legal duty to arrest or detain someone, which can include jail staff, magistrates' officers, or other officials, not just police. - Myth: This section duplicates sections 221-223, so it's redundant.
Fact: It specifically applies only when the situation does NOT fall under sections 221, 222, 223, or any other existing law—it's meant to fill gaps, not overlap.