Section 224 IPC: Resistance or Obstruction to Lawful Apprehension
Section 224 of the Indian Penal Code, 1860 dealt with a person who intentionally resisted or illegally obstructed his own lawful apprehension for an offence, or escaped or attempted to escape from custody in which he was lawfully detained for such an offence.
Section 224 IPC - statutory provision
Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Meaning and scope of Section 224 IPC
Section 224 applied to resistance or obstruction by a person to his own lawful apprehension. It also covered escape or attempted escape by that person from custody in which he was lawfully detained for an offence.
The provision required the resistance or illegal obstruction to be intentional. In the escape branch of the section, the custody itself had to be lawful and connected with an offence for which the person was charged or had been convicted.
Essential ingredients of Section 224 IPC
- The apprehension must be the lawful apprehension of the accused himself for an offence with which he is charged or of which he has been convicted; and he must intentionally resist or illegally obstruct that apprehension; or
- the accused must be in lawful custody for such an offence and escape or attempt to escape from that custody.
- For the resistance or obstruction limb, the conduct must be intentional.
- The Section 224 punishment is additional to the punishment for the underlying offence, as expressly stated in the statutory Explanation.
Punishment and CrPC classification under Section 224 IPC
| Legal point | Pre-BNS position |
|---|---|
| Punishment | Imprisonment of either description up to 2 years, or fine, or both |
| Cognizable or non-cognizable | Cognizable |
| Bail | Bailable |
| Court competent to try | Any Magistrate |
What is lawful apprehension?
For Section 224 to apply to resistance or obstruction, the apprehension must be lawful and must concern the person resisting his own apprehension for an offence with which he is charged or of which he has been convicted. The statutory requirement of lawfulness is therefore part of the offence itself.
Resistance or illegal obstruction
The first limb of Section 224 covered intentionally offering resistance or illegal obstruction to one's own lawful apprehension. The section did not describe every disagreement or objection as an offence; the conduct had to fall within the statutory concepts of intentional resistance or illegal obstruction to lawful apprehension.
Escape or attempted escape from lawful custody
The second limb applied where a person escaped or attempted to escape from custody in which he was lawfully detained for an offence with which he was charged or of which he had been convicted. Both an accomplished escape and an attempt to escape were expressly included.
Punishment is additional to the underlying offence
The Explanation to Section 224 makes clear that punishment under this provision does not replace the punishment attached to the offence for which the person was being apprehended or detained. Liability under Section 224 is additional to the punishment for that underlying offence.
Section 224 and Section 225 IPC
Section 224 concerned resistance or obstruction by a person to his own lawful apprehension, or his escape or attempted escape from lawful custody. Section 225 IPC, by contrast, dealt with resistance or obstruction to the lawful apprehension of another person, or rescue or attempted rescue of another person from lawful custody.
Related IPC provisions
Related provisions include Section 221 IPC, Section 222 IPC, Section 223 IPC, Section 225 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.