IPC Section 129

πŸ“˜ IPC Section 129 – "Resistance or Obstruction by a Person to his Arrest"

Text of Section 129:

"Whoever, knowing that he is likely to be arrested without a warrant by an officer or person authorized to arrest him, voluntarily resists such arrest, or attempts to avoid it, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

πŸ” Detailed Explanation:

Section 129 deals with the offence of resisting or obstructing a lawful arrest.

βœ… Key Elements of Section 129:

Knowledge of likely arrest:

The person must know or anticipate that they are about to be arrested.

The arrest must be lawful and without a warrant, carried out by a person authorized by law.

Voluntary resistance or attempt to avoid arrest:

The accused voluntarily resists or tries to evade arrest.

This includes any physical or non-physical resistance.

Punishment:

Imprisonment for up to 1 year, or

Fine, or

Both.

βš–οΈ Purpose of Section 129:

To ensure that individuals do not obstruct the lawful process of arrest.

Encourages peaceful submission to lawful arrest to maintain public order and justice.

πŸ“Œ Example:

Police come to arrest A without a warrant, and A tries to run away or physically fights the police.

A is guilty under Section 129 for resisting arrest.

πŸ”š Summary:

Section 129 punishes a person who knowingly resists or tries to avoid a lawful arrest without warrant.

The law balances the right of the police to make an arrest with the person’s obligation to cooperate.

Resisting arrest is a criminal offence punishable with imprisonment, fine, or both.

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