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Section history

Section 221 — Intentional omission to apprehend on the part of a public servant bound by law to apprehend

As in force on 1 February 2008.

Timeline 3 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 17 August 2026 Latest
Amended in force 1 February 2008 by Penal Code (Amendment) Act 2007
221.Intentional omission to apprehend on the part of a public servant bound by law to apprehend

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, 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 a term which may extend to 7 years, with or without10 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with death;

(b) with imprisonment for a term which may extend to 3 years, with or without7 years, and shall also be liable to fine, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for life, or imprisonment for a term which may extend to 1020 years; or

(c) with imprisonment for a term which may extend to 2 years, with or without fine5 years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended, was charged with or liable to be apprehended for an offence punishable with imprisonment for a term less than 1020 years.