| Q.1- | What is offence of disobeying direction of law to save a person from punishment? |
| Ans.- | Section 217 provides punishment for a person who knowingly disobeys any direction of the law either intentionally or with the knowledge that such act is likely thereby to save any person from legal punishment. |
| Q.2- | Distinguish between section 166 and section 217? |
| Ans.- | Section 166 provides punishment for public servant who disobeys law either with intention or with knowledge that thereby he would cause injury to any person. On the other hand, Section 217 provides punishment against public servant who disobeying direction of law with intent to save person from punishment or property from forfeiture. |
| Q.3- | Discuss the offence of framing incorrect record to save person from punishment. |
| Ans.- | Section 218 makes public servant offender, if he is framing incorrect record or writing with intent to save person from punishment or property from forfeiture. |
| Q.4- | Differences between offence under section 217 and under section 218. |
| Ans.- | Section 217 provides for prosecution of a “public servant disobeying direction of law with intent to save person from punishment or property from forfeiture”, whereas Section 218 deals with a “public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture”. |
| Q.5- | What are the elements of offence of “corruptly making report in judicial proceeding”? |
| Ans.- | (i) the public servant must have acted corruptly or maliciously, while passing or making any order or judgment
(ii) such order or judgement may be passed at any stage of judicial proceeding, and (ii) he should have known that the said order or judgment is contrary to law. |
| Q.6- | What is offence of “intentional omission to apprehend u/s.221”? |
| Ans.- | (a) The person should be public servant.
(b) Being a public servant, he is legally bound to apprehend for an offence or to keep in confinement any person charged with. (c) The person should intentionally – (i) omits to apprehend such person, or (ii) suffers such person to escape, or (iii) aids such person in escaping or attempting to escape from such confinement.
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| Q.7- | What are the differences between section 221 and section 222? |
| Ans.- | The difference between section 221 and section 222 is that referred person in section 221 is the alleged person (under-trial) and in section 222 is ordered by the court of justice (convicted person). In case of later situation it is sever than first one. |
| Q.8- | Whether a person negligently suffers to escape from confinement is an offence against custodial person? |
| Ans.- | Yes. When a person escape from the custody of a public servant negligently, the public servant is liable for punishment under section 223. |
| Q.9- | Distinguish between detention and confinement? |
| Ans.- | Confinement is detention, but detention is not confinement. The word, ‘detain’ means – ‘to hold back: to withhold: to stop: to keep: to keep in custody”. On the other hand, the word ‘confine’ means – “to limit, enclose: to imprison.” Therefore, where an authority, not authorised to confine a person but only to detain, let off such person from his custody no offence under Section 223 of the Code is committed. |
| Q.10 | Whether section 225A is residue of sections 221, 222 or 223? |
| Ans.- | Yes. It says whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, 222 or 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, |
| Q.11 | What is offence under section 224? |
| Ans.- | 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 custody in which he is lawfully detained for any such offence, is an offence under section 224. |
| Q.12 | Distinguish between offences under section 224 and 225. |
| Ans.- | Section 224 makes act of individual who resists or obstructs his own lawful apprehension. On the other hand, section 225 imposes punishment for resistance or obstruction to lawful apprehension of another person. |
| Q.13 | Whether disclosure of identity of the victim in all cases is offence? |
| Ans.- | No. it is not offence in all cases but only in sexual offences i.e. section 276, 376A, 376B, 376C, 376D and 376E. Disclosure of identity of an a child or juvenile is an offence. |