IPC 225A → BNS 264: Public Servant Omission

Quick Summary: IPC 225A vs BNS 264

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 225A addresses public servant omission, part of the IPC's offences against public justice — false evidence, fabrication, screening offenders and similar interference with the justice process. These are carried into the BNS with the same structure, and public servant omission is now prosecuted as BNS 264, protecting the integrity of investigations and trials in its own right.

What did IPC 225A cover?

IPC 225A dealt with public servant omission — omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 264: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to public servant omission are filed under BNS Section 264, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 264

Same - Up to 3 years

Practical implications for advocates, police & citizens

• Advocates: In a public servant omission matter, intention and the materiality of the false statement are decisive; ensure the complaint cites BNS 264 and meets the pre-conditions for prosecuting court-related offences.
• Police officers: Document the false statement or fabricated evidence precisely — the public servant omission offence is now BNS 264.
• Law students & citizens: Lying on oath, forging evidence or helping an offender escape — the conduct behind public servant omission — is punishable separately from the main case.