Resistance or obstruction to lawful apprehension of another person
AI Assist
Summary
Intentionally resisting or obstructing a lawful arrest, or rescuing or attempting to rescue someone lawfully detained, is an offence. For ordinary cases the punishment may be up to two years imprisonment, or fine, or both. If the person involved faces or is under more serious charges or sentences, penalties increase: up to three years, up to seven years, or in death‑sentence cases life or up to ten years, and fines often apply.
Example
Rohan sees police taking a neighbour who is charged with robbery (an offence punishable with up to ten years). Rohan grabs the officer's arm to stop the arrest. Because the neighbour faces an offence punishable up to ten years, Rohan can be punished with imprisonment for up to three years and a fine.
Bare Act
Enacted textWhoever 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.
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