223. (1) Whoever, being a public servant, legally bound as such public servant to keep in confinement any person charged with or convicted of any offence, or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

(2) Whoever commits an offence under subsection (1) to facilitate or enable any terrorist act or organized criminal activity shall be punished with imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence, and shall also be liable to whipping.