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 1[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 2[imprisonment of 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 2[imprisonment for life]3[***] 4[***] 5[***] 6[***] or imprisonment for a term of ten years or upwards; or

with imprisonment of either description for a term which may extend to two 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 7[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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1. Ins. by Act 27 of 1870, sec. 8.

2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

3. The words “or penal servitude for life” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

4. The words “or to” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

5. The word “transportation” omitted by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956).

6. The words “or penal servitude” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

7. Ins. by Act 27 of 1870, sec. 8.

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 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 as follows, that is to say:—

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, was charged with, or liable to be apprehended for, an offence punishable with death; or

with imprisonment of either description for a term which may extend to three years, with or without 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 1[imprisonment for life] or imprisonment for a term which may extend to ten years; or

with imprisonment of either description for a term which may extend to two years, with or without 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 a term less than ten years.

CLASSIFICATION OF OFFENCE

Para I

Punishment—Imprisonment for 7 years, with or without fine—According as the offence in relation to which such omission has been made in cognizable or non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para II

Punishment—Imprisonment for 3 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Para III

Punishment—Imprisonment for 2 years, with or without fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

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1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transporta­tion for life” (w.e.f. 1-1-1956).

Whoever, being in any office which gives legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-cogniz­able—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-Cogniz­able—Bailable—Triable by Magistrate of the first class—Non-compoundable

Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.