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Report No. 42

99. Substitution of new sections for sections 221 to 225B.- For sections 221 to 225B of the Code, the following sections shall be substituted, namely.-

"221. Public servant intentionally omitting to arrest or permitting escape.- Whoever, being a public servant legally bound to arrest any person or to keep him in custody, intentionally omits to arrest him or aids him in escaping or attempting to escape from such custody, or intentionally permits him to escape from such custody, shal.-

(a) if that person is to be arrested or kept in custody by reason of a conviction or charge or suspicion of a capital offence, be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;

(b) if that person is to be arrested or kept in custody by reason of a conviction or charge or suspicion of any other offence punishable with imprisonment for life or for ten years or upwards, be punished with rigorous imprisonment for a term which may extend to five years, and shall also be liable to fine;

(c) in any other case, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

222. Public servant negligently omitting to arrest or suffering to escape.- Whoever, being a public servant legally bound to arrest any person or to keep him in custody, negligently omits to arrest him or negligently suffers him to escape from such custody, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

223 Rescue from lawful custody.- Whoever rescues, or attempts to rescue, any other person from lawful custody, shal.-

(a) if such person is in custody by reason of conviction or charge or suspicion of a capital offence, be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;

(b) if such person is in custody by reason of a conviction or charge or suspicion of any other offence punishable with imprisonment for life or for ten years or upwards, be punished with rigorous imprisonment for a term which may extend to five years, and shall also be liable to fine;

(c) in any other case, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

224. Resistance to arrest of another person.- Whoever offers resistance or illegal obstruction to the lawful arrest of another person shall be punished with the punishment provided in section 223.

225. Escape from lawful custody.- Whoever, being in lawful custody, intentionally escapes or attempts to escape from such custody, shal.-

(a) if he is in custody by reason of a conviction or charge or suspicion of an offence, be punished with imprisonment of either • description for a term which may extend to two years, or with fine, or with both;

(b) in any other case, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation.- The punishment in this section is in addition to the punishment for which the person in custody was liable for the offence of which he was convicted, or would have been liable on a conviction for the offence with which he was charged or of which he was suspected, as the case may be.

226. Resistance to arrest.- Whoever intentionally offers resistance or illegal obstruction to his lawful arrest shall be punishable with the punishment provided in section 225."



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