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Section history

Section 222 — Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice

As in force on 30 March 1987.

Timeline 3 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 17 August 2026 Latest
222.Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice

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 —

(a)with imprisonment for life or with imprisonment for a term which may extend to 14 years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death;

(b)with imprisonment for a term which may extend to 7 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 a term of 10 years or upwards; or

(c)with imprisonment for a term which may extend to 3 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 10 years, or if the person was lawfully committed to custody.