Section 225 IPC: Resistance or Obstruction to Lawful Apprehension of Another Person
Section 225 of the Indian Penal Code, 1860 dealt with intentional resistance or illegal obstruction to the lawful apprehension of another person for an offence, and rescue or attempted rescue of another person from lawful custody. The punishment increased according to the gravity of the offence or sentence applicable to the person being apprehended or rescued.
Section 225 IPC - statutory provision
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 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 imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Essential ingredients of Section 225 IPC
- The apprehension of the other person must be lawful and must be for an offence; or that person must be lawfully detained in custody for an offence.
- The accused must intentionally offer resistance or illegal obstruction to the lawful apprehension of another person; or rescue or attempt to rescue that person from lawful custody.
- The person affected is another person, distinguishing Section 225 from Section 224 IPC, which concerned resistance to one's own lawful apprehension or escape from one's own lawful custody.
- The applicable punishment tier depends on the offence, liability to apprehension, or sentence of the person being apprehended or rescued.
Punishment under Section 225 IPC
| Circumstance | Maximum punishment |
|---|---|
| General case of resistance, obstruction, rescue or attempted rescue | Imprisonment of either description up to 2 years, or fine, or both |
| Person charged with or liable to apprehension for an offence punishable with imprisonment for life or imprisonment up to 10 years | Imprisonment of either description up to 3 years and fine |
| Person charged with or liable to apprehension for an offence punishable with death | Imprisonment of either description up to 7 years and fine |
| Person liable under a court sentence or commutation to imprisonment for life or imprisonment for 10 years or upwards | Imprisonment of either description up to 7 years and fine |
| Person under sentence of death | Imprisonment for life, or imprisonment of either description up to 10 years, and fine |
Meaning of lawful apprehension
Section 225 expressly required the apprehension of the other person to be lawful. The apprehension must also relate to an offence. Where the provision concerns rescue or attempted rescue, the other person must be in custody in which that person is lawfully detained for an offence.
Resistance and illegal obstruction
The first branch of Section 225 applied where a person intentionally offered resistance or illegal obstruction to the lawful apprehension of another person. The statutory requirement of intention distinguishes deliberate interference from conduct that does not amount to intentional resistance or illegal obstruction.
Rescue or attempted rescue from lawful custody
Section 225 expressly covered both a completed rescue and an attempt to rescue another person from lawful custody. The custody must be lawful and must relate to an offence.
Why punishment varies under Section 225
Section 225 used a graduated punishment structure. The general case carried the lowest maximum punishment, while greater punishment applied where the person being apprehended or rescued faced more serious criminal liability or was already subject to a serious court sentence. The highest tier applied where that person was under sentence of death.
Section 224 and Section 225 IPC
Section 224 IPC concerned resistance or obstruction by a person to his own lawful apprehension and escape or attempted escape from his own lawful custody. Section 225 concerned intentional interference with the lawful apprehension of another person or rescue or attempted rescue of another person from lawful custody.
Section 225 and Section 225B IPC
Section 225 dealt with the situations and graduated punishments expressly set out in the provision. Section 225B IPC was a residual provision for resistance, obstruction, escape or rescue in cases not otherwise provided for by Sections 224 or 225 or another law.
Historical amendment notes
- The expression "imprisonment for life" replaced the former reference to "transportation for life" through Act 26 of 1955, section 117 and the Schedule, with effect from 1 January 1956.
- References to "penal servitude" were removed by Act 17 of 1949, section 2, with effect from 6 April 1949.
- Certain words including "or to" were omitted by Act 36 of 1957, section 3 and the Second Schedule.
Related IPC provisions
Related provisions include Section 221 IPC, Section 222 IPC, Section 223 IPC, Section 224 IPC, Section 225A IPC and Section 225B IPC.
This page describes the Indian Penal Code position before implementation of the Bharatiya Nyaya Sanhita, 2023. The law applicable to a particular matter depends on the relevant facts and date of the alleged conduct.