Section 32 of The Indo-Tibetan Border Police Force Act, 1992
Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, shall, on conviction by a Force 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
- This section deals with anyone subject to the Act who escapes or attempts to escape from lawful custody.
- Attempting to escape is treated the same as successfully escaping under this rule.
- The person must be in lawful custody for this section to apply.
- A conviction by a Force Court for this offence can result in up to three years of imprisonment.
Practical examples
FAQ
1. Does a failed escape carry a penalty under Section 32 of the Indo-Tibetan Border Police Force Act?
Yes, Section 32 of the Indo-Tibetan Border Police Force Act explicitly covers both escaping and attempting to escape from lawful custody.
2. What is the maximum penalty for breaking out of custody under Section 32 of the ITBP Act, 1992?
Under Section 32 of the ITBP Act, 1992, the maximum penalty is imprisonment for up to three years.
3. Does Section 32 of the defence law apply if the custody itself was illegal?
No, Section 32 of the defence law specifically states that the person must be in lawful custody for the escape to be a punishable offence under this rule.
Test yourself
Q1.What is a necessary condition for an escape to be punishable under Section 32 of The Indo-Tibetan Border Police Force Act, 1992?
Q2.What is the maximum imprisonment term for attempting to escape under Section 32 of the ITBP Act, 1992?
Q3.How does Section 32 of the Indo-Tibetan Border Police law treat an attempted escape compared to a successful one?
Q4.If a guard allows a prisoner to escape, and the prisoner runs away, which sections of The Indo-Tibetan Border Police Force Act, 1992 apply to the guard and the prisoner respectively?