CrPC Section 352
Section 352 of the Criminal Procedure Code (CrPC) of India:
Section 352 - Use of force to prevent the commission of an offence or to arrest offenders
Text of Section 352 CrPC:
(1) Whoever uses force to any person without intending or knowing it to be likely that he will thereby cause death or grievous hurt, in order to prevent the commission of an offence punishable with imprisonment, or to arrest any person whom he is legally authorized to arrest, or to prevent the escape of a person legally detained, or to overcome resistance or to compel the submission of such person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever voluntarily causes hurt to any person in order to prevent the commission of an offence punishable with imprisonment for a term which may be less than three years, or to arrest any person whom he is legally authorized to arrest, or to prevent the escape of a person legally detained, or to overcome resistance or to compel the submission of such person, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Explanation:
What does it cover?
Use of force or causing hurt to a person:
To prevent an offence,
To arrest someone legally,
To prevent escape of a legally detained person,
To overcome resistance or compel submission.
Nature of force/hurt:
Section 352(1): Use of force without intent to cause death or grievous hurt, punishable with up to 1 year imprisonment or fine or both.
Section 352(2): Voluntarily causing hurt for similar reasons but less serious offences (less than 3 years imprisonment), punishable with up to 3 months imprisonment or fine or both.
Summary:
The law recognizes limited use of force or hurt when stopping crimes or making arrests, but it restricts excessive or harmful force.
Excessive or unlawful force may lead to punishment under this section.
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