“Whoever, being a public servant, legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in Section 221, Section 222 or Section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished-(a) If he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and (b) If he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both?” Section 225A has been incorporated to provide for failure on the part of public servant to apprehend a person, he is legally bound to, or failure on the part of a public servant to keep in confinement a person who has been arrested in all other situations which are not provided for in Sections 221-223 or in any other law for the time being in force. The points requiring proof under Section 225-A are: (i) The accused was a public servant; (ii) He was legally bound to apprehend or keep in confinement the person in question; (iii) He omitted to apprehend that person or suffered him to escape from confinement. He did so either intentionally or negligently; (iv) The offence does not fall under Sections 221, 222, 223 or any other law. The offence under Section 225-A is non-cognizable, bailable and non-compoundable but if the omission or sufferance was intentional, warrant should ordinarily issue, otherwise a summons should so issue.
In the former case the offence is triable by a Magistrate of first class, in the latter case it may be tried by any Magistrate.