| Category of Bare Act | Name of the Act | Year of Promulgation |
|---|---|---|
| Criminal Laws | Indian Penal Code | 1860 |
| Act Number | Enactment Date | Chapter Number |
| 45 | 06.10.1860 | 11 |
| Chapter Title | Sub-Chapter | Legislated by |
| Of False Evidence and Offences Against Public Justice | - | Parliament of India |
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 1[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 5[imprisonment for life], 2*** 3*** 4*** 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 5[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
3. The word “transportation” omitted by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
4. The words “penal servitude” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
5. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
| Offence Description | Punishment provided | Cognizable/Non-Cognizable |
|---|---|---|
|
Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody. If charged with an offence punishable with imprisonment for life or imprisonment for 10 years. If charged with a capital offence. If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards. If under sentence of death. |
Imprisonment for 2 years Imprisonment for 3 years and fine. Imprisonment for 7 years and fine. Ditto Imprisonment for life or imprisonment for 10 years and fine. |
Cognizable Ditto Ditto Ditto Ditto
|
| Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
|
Bailable Non-Bailable Ditto Ditto Ditto |
Any Magistrate. Magistrate of the first class. Ditto Ditto Court of Session. |
Non-Compoundable |
| Compoundable by Whom | Concerned Ministry | Concerned Department |
| Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |