Section 38 of The Assam Rifles Act, 2006
Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall on conviction by an Assam Rifles Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
Summary
- Section 38 of The Assam Rifles Act, 2006 makes it an offence for any person subject to the law to escape or try to escape from lawful custody.
- The maximum penalty for escaping or attempting to escape is three years of imprisonment.
- An Assam Rifles Court handles the trial and can assign the maximum three years or a lesser punishment allowed by the law.
Practical examples
FAQ
1. What is the penalty for escaping custody under Section 38 of The Assam Rifles Act, 2006?
Under Section 38 of the 2006 Act, a person can face up to three years of imprisonment or a lesser punishment for escaping.
2. Does Section 38 of the Assam Rifles law apply if I only attempt to escape but fail?
Yes, Section 38 of the Assam Rifles Act explicitly states that attempting to escape from lawful custody is punished the same way as a successful escape.
3. Who decides the punishment for a Section 38 offence in the Assam Rifles Act?
An Assam Rifles Court will convict the offender and decide if they receive the maximum three years in prison or a lesser penalty under Section 38 of the Act.
Test yourself
Q1.What is the maximum prison term allowed under Section 38 of The Assam Rifles Act, 2006?
Q2.Which body is responsible for convicting someone under Section 38 of the Assam Rifles law?
Q3.According to Section 38 of The Assam Rifles Act, 2006, what is required for the custody to be covered by this rule?
Q4.Under Section 38 of the Assam Rifles statute, what happens if an escape attempt is unsuccessful?