Legal provisions regarding Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for under section 225B of Indian Penal Code, 1860.
Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for:
Image Source: surenews.com
“Whoever, in any case not provided for in Section 224 or Section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”
Sections 224, 225 and 225-B deal with cases of resisting the law. Section 224 deals with two kinds of offences –
ADVERTISEMENTS:
(i) Resistance or illegal obstruction by a person to his lawful apprehension for any offence with which he is charged.
(ii) Escape or attempt to escape by a person from lawful custody for the offence with which he is charged or of which he has been convicted.
In order to commit an offence under Section 224 one should escape from the custody in which he has been detained legally. No person is under legal custody unless he has been arrested. If a suspect of crime who was brought to the police station for interrogation ran away from the place without the permission of the police he is not under lawful custody.
Such persons who resist or illegally obstruct the apprehension of other persons, who have committed offences, are punishable under Section 225. It is only resistance or illegal obstruction to apprehension that has to be proved to be intentional before it can amount to an offence under the first part of Section 225. The act for which the person rescued is detained must be an offence under the Indian Penal Code.
ADVERTISEMENTS:
‘Rescue’ is the act of forcibly freeing a person from custody against the will of those who have got him in custody. Rescuing indicates some positive overt act on the part of the accused by which the liberation of the person arrested is affected.
Section 225-B provides for situations not covered under Ss. 224 and 225.
Under all these provisions, the arrest must be legal and the custody contemplated under the section must be a lawful custody. Only then the provisions of this section will be attracted. The resistance or obstruction caused must be intentional.
The offences under Sections 224, 225 (first part) and 225- B are cognizable, bailable and non-compoundable and warrant may ordinarily issue in the first instance. The offences under Section 225 (except first part) are non-bailable. The offence under Section 224 and Sec. 225-B is triable by any Magistrate. The offence under Section 225 is triable as follows:
ADVERTISEMENTS:
First clause: By any Magistrate of the first class.
Second clause: By the Court of Session, or a Magistrate of first class.
In any other case: exclusively by the Court of Session.