The Handout Notes for BA-LLB student.

Saturday, August 10, 2013

Attempt to escape from custody

ATTEMPT TO ESCAPE FROM CUSTODY

The provisions relating to an attempt to escape from custody are contained in sections 224,225, and 225-B of the pakistan penal code.

They provide punishment

 (a). for a person resisting or obstructing the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, orescaping or attempting to escape from legal custody. 
imprisonment upto two years with fin or with both.

 (b). resisting or obstructing lawful apprehension of another person for an offence or rescuing or attempting to rescue him from legal custody. punishment up to two years or with fine, but if the person to be apprehended is charged for an offence punishable :

 (1). with imprisonment for life or imprisonment for ten years.

 (2). or with death the sentence provided is up to three years and seven years respectively and

(c). resistance or obstruction to lawful apprehension or escape or rescue in cases not covered by the above two provisions. 
Imprisonment up to six months or with fine.

HARBOURING AN OFFENDER

The word "harbour" according to section 52-A, includes the supplying a person with shelter, food, drink , money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means to evade apprehention.

The various provisions in the penal code relate to harbouring or concealing a person knowing him to be an offender with the intention of screening him from legal punishment, harbouring or concealing an ofender having escaped from custody, or whose apprehension has been ordered, and knowingly harbouring any persons who are about to commit or have committed Robbey or Dacoity.

 The above provisions however, do not extend to the case in which the harbour is given by the wife or husband of the person harboured, (sections 212, 216, 216-A)

 The above However, presupposes that some offence has been actually committed and that the harbourer gives refuge to a person knowingly that thereby he helps to evade his apprehention or screens him from legal punishment . It does not apply to the harbouring of persons, not being criminals, who abscond to avoid or delay a judicial investigation

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