Explanation of PPC Section 222
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PPC Section 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 to 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 |
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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 |
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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 extending to ten years or if the person was lawfully committed to custody. |
Offence | Cognizance | Summons | Bail | Punishment | Triable |
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Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court of Justice if under sentence of death. | Shall not arrest without warrant. | Warrant .. | Not bailable | [Imprisonment for life] or imprisonment of either description for 14 years, with or without fine. | Court of Session |
If under sentence of [imprisonment for life] [* * *], or [*], imprisonment [* * *] for 10 years or upwards. | Ditto | Ditto | Ditto | Imprisonment of either description for 7 years, with or without fine | Ditto |
If under sentence of imprisonment for less than 10 years or lawfully committed to custody. | Ditto | Ditto | Bailable | Imprisonment of either description for 3 years, or fine, or both. | Magistrate of the first class. |
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