What is Section 222 IPC? Intentional omission to apprehend person under sentence
Published on: Lawiz Team
Learn about Section 222 IPC: Intentional omission to apprehend person under sentence
Official Legal Text
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 for any offence or lawfully committed to custody, intentionally omits to apprehend such person or intentionally suffers him to escape from confinement, shall be punished according to the nature of the offence involved.
What This IPC Section Means – Explained in Simple Words
Section 222 punishes any public servant who intentionally fails to apprehend a person under sentence or lawfully committed to custody.
Purpose
To ensure that public servants fulfill their duty to apprehend individuals who are lawfully under sentence or custody.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable ,Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
1. The person must be a public servant. 2. They must be legally bound to apprehend an individual under sentence or lawful custody. 3. They must intentionally fail to apprehend them.
Punishment Details
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Legal Defenses
If the public servant can prove they were unaware of the legal obligation or acted under lawful authority.
Judicial Interpretation
Courts focus on the intention to avoid arresting the person under sentence or custody.
Illustration
If a jail officer intentionally allows a convicted prisoner to escape without arresting them, they can be punished under Section 222.
FAQs
What does Section 222 IPC define?
Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed.
Where is Section 222 IPC applicable?
It applies to criminal proceedings, obstruction of justice, or misuse of authority.
Why is Section 222 IPC significant?
It safeguards judicial processes, law enforcement, and accountability in the legal system.
Give an example involving Section 222 IPC.
Cases include aiding criminal escapes, offering bribes to screen offenders, or public servant misconduct.
What punishment is prescribed under Section 222 IPC?
Punishment ranges from simple to rigorous imprisonment, fines, or both depending on the offence.
Is Section 222 IPC linked with other IPC laws?
Yes, often related to offences against public justice, corruption, and custody breaches.
How do courts view Section 222 IPC?
Courts interpret such cases seriously to ensure deterrence against interfering with justice.