Legal Provisions of Section 225B of Indian Penal Code, 1860.
Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for:
ADVERTISEMENTS:
This section was also added, like the preceding one, by the Indian Criminal Law (Amendment) Act, 1886. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for have been made punishable under this section. It states that whoever, in any case not covered under sections 224 or 225 of the Indian Penal Code or in any other law in existence at the time, intentionally resists or illegally obstructs intentionally to the lawful apprehension of either himself or of any other person, or either escapes or attempts to escape from any custody in which that person is detained lawfully, shall be punished with simple or rigorous imprisonment for a term extending up to six months, or with fine, or with both.
This section takes care of those situations which have not been provided for in sections 224 and 225 of the Code and in any other law in existence at the time like person escaping while being taken to a magistrate for being bound over to be of good behaviour, etc.
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The offer of resistance or illegal obstruction must be intentional. If it is a case of escape or attempt to escape from lawful custody, or of rescue or attempt to rescue from lawful custody, it need not be intentional.
Intentionally offers at resistance or illegal obstruction
ADVERTISEMENTS:
There must be an overt act of resistance or obstruction, and mere evasion of arrest or mere assertion on the person to be arrested that he would not like to be arrested would be out of the purview of this section.
Lawful apprehension
There must be a lawful apprehension of the accused himself or of any other person. All legal requirements of a warrant must be complied with before a person is apprehended under it. If such is not the case and the warrant is illegal, then this section would not apply in case the arrest is resisted.
Whenever there is any illegality with respect to a warrant, resistance against its execution does not entail any liability under this section. Such illegality may be in the form of it being signed by an officer who is legally not empowered to sign it, or the name or designation of person to be apprehended has not been mentioned correctly, or it does not bear the seal of the court, or it is executed by a person who is incompetent to execute it, or it bears a wrong description to which the accused does not answer, etc.
ADVERTISEMENTS:
The bailiff is under a legal duty to show the warrant to the person who is to be arrested. If the substance of the warrant is not notified to the person to be arrested, resistance to such arrest is not punishable under this section.
Escapes or attempts to escape from any custody
The law expects that a person who has been lawfully arrested or detained must submit himself to be dealt with in accordance with the law. Consequently, escape or attempt to escape from lawful custody has been made punishable under this section.
An escape with the consent or connivance of the person under whose lawful custody the escaped person is, is also an escape within the meaning of this section. But merely refusing to go with the bailiff or sitting down with a view not to accompany the bailiff does not mean an attempt to escape under this section.
Lawfully detained
The use of the expression ‘lawfully detained’ in the section ensures that the detention has to be lawful, or else this section shall not apply. Everyone is entitled under law to know about the power of the person who is about to detain him, and in the absence of a lawful power escaping or attempting to escape from such custody does not make one liable under this section.
Rescues or attempts to rescue
The expression ‘rescues or attempts to rescue’ in the section shows that there is some positive act on the part of the accused towards liberating the person arrested or setting him free. Anything short of that like mere oral communication would not amount to an offence under this section. One cannot rescue himself from lawful custody.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first or second class.