222. 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-
with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death;
or 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, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years or upwards;
or with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years or if the person was lawfully committed to custody.
CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for life, or imprisonment for 14 years, with or without fine—Cognizable—Non-bailable—Triable by Court of Session—Non- compoundable.
Para II: Punishment—Imprisonment for 7 years, with or without fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non- compoundable.
Para III: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable.
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