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Punishment for Resistance to lawful apprehension in India

January 23, 2019 0 Comment

(1) Intentional resistance or illegal obstruction by a person to his own lawful apprehension or escape or an attempt to escape from any lawful custody —Imprisonment upto two years or fine or both. The punishment in this section is in addition to the punishment for the offence for which such person is otherwise liable (Section 224).

Thus, where 12 persons who were apprehended for gaming had escaped from police custody, but there was no evidence to show that any of the persons was guilty of harbouring any of them, it was held by the Supreme Court that their conviction under Section 216, I.P.C. (as was done by the Courts below) was not proper.

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The correct section to apply would be Section 224, which inter alia provides for punishment if a person escapes from any custody in which he is lawfully detained.

(2) Intentional resistance or illegal obstruction to lawful apprehension of another person or rescuing or an attempt to rescue a person from lawful custody if such other is under sentence of death —imprisonment of either description upto ten years and fine; if such other is liable to be apprehended for an offence punishable with death, imprisonment of either description upto seven years and fine; if such other is liable to be apprehended for offence punishable with imprisonment for life or imprisonment upto ten years—imprisonment upto three years and fine; if such other is liable under the sentence of a court or by commutation of such or more imprisonment upto seven years and fine; in other cases imprisonment upto two years or fine or both (Section 225).

(3) Omission to apprehend or sufferance of escape on part of public servants, in cases not otherwise provided, when intentional imprisonment of either description upto three years or fine or both; when negligent, simple imprisonment upto two years or fine or both (Section 225-A).

(4) Intentional resistance or illegal obstruction to the lawful apprehension of himself or another in cases not provided for under Sections 224 and 225 or any other law for the time being in force or escape or attempt to escape from lawful custody—imprisonment of either description upto six months or fine or both (Section 225-B).

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