Bailabel Type : bailable

Description

Section 225 IPC: Resistance or Obstruction to Lawful Apprehension of Another Person

Text of Section 225 IPC:

"Whoever, without lawful authority, rescues or attempts to rescue any person who has been lawfully apprehended, or resists or obstructs the lawful apprehension of another person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

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Detailed Explanation of Section 225 IPC:

Section 225 IPC addresses the offense where a person resists or obstructs the lawful apprehension of another individual. This section is aimed at protecting the integrity of the law and law enforcement by criminalizing interference with the arrest of a person who is being legally apprehended.

Key Elements of the Offense:

1. Lawful Apprehension:

   • The individual who is being apprehended (arrested or detained) must be under lawful arrest. The arrest should be made by an authorized person (e.g., police officer) and based on legal grounds (e.g., a warrant or an offense).

2. Resistance or Obstruction:

   • The offense involves either resisting or obstructing the lawful apprehension of another person. The act can include:
     • Physically trying to free the person being apprehended.
     • Blocking or interfering with law enforcement officers trying to execute an arrest.
     • Assisting the person being apprehended in escaping from the authorities.

3. Without Lawful Authority:

   • The act of resistance or obstruction must occur without lawful authority. This means the individual attempting to obstruct the apprehension has no legal right to interfere with the process.

Examples of the Offense:

• A person interfering when the police are attempting to arrest someone by physically blocking the police officers.
• A person rescues a person from lawful arrest, such as pulling them away from the arresting officer and helping them escape.
• A bystander or an associate of the arrested person actively obstructing the police from carrying out the arrest.

Punishment

Punishment Under Section 225 IPC:

The punishment for resisting or obstructing the lawful apprehension of another person is:

1. Imprisonment: The offender can face up to 1 year of imprisonment. The imprisonment can be simple imprisonment or rigorous imprisonment, depending on the specifics of the case.

2. Fine: The individual may be subjected to a fine, based on the court’s discretion and the gravity of the offense.

3. Combination: The court may impose both imprisonment and fine if it deems appropriate based on the facts of the case.