Section 264.   Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

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 259, section 260
or section 261, 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.