INDIAN KANOON SECTION 225 IPC - Indian Penal Code - Resistance or obstruction to lawful apprehension of another person


Description

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

or, if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.


Applicable Offences

1. Resistance or obstruction to the lawful apprehension of any person, or, rescuing him from lawful custody

Punishment - 2 Years or Fine or Both
This is a Bailable, Cognizable offence and triable by Any Magistrate

2. If charged with an offence punishable with imprisonment for life or, imprisonment for 10 Years

Punishment - 3 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

3. If charged with a capital offence

Punishment - 7 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

4. If the person is sentenced to imprisonment for life, or imprisonment for 10 Years, or upwards

Punishment - 7 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Magistrate First Class

5. If under sentence of death

Punishment - Imprisonment for Life or 10 Years + Fine
This is a Non-Bailable, Cognizable offence and triable by Court of Session

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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