PART IV
JUSTIFICATION OR EXCUSE IN THE ARREST OF ANY PERSON

32. Preventing escape or rescue-

(1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary:

(a) to prevent the escape of that other person if he or she attempts to avoid arrest; or
(b) to prevent the escape or rescue of that other person after his or her arrest,
unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:

PROVIDED that, except in the case of a constable or a person called upon by a constable to assist him or her, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

(2) Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him or her, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

PART XI
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

142. Breaking prison -

A person is liable to imprisonment for a term not exceeding five (5) years who by force or violence breaks any prison with intent to set at liberty himself, herself or any other person detained therein.


143. Escape-

(1) Anyone is liable to imprisonment for a term not exceeding two (2) years who, being in lawful custody, whether in a prison or another place escapes from it.

(2) In this section and section 144 “lawful custody” means the detention of a person by due process of law, whether the person be under arrest, police or gaol escort, serving a term of imprisonment or otherwise; custody under an irregular warrant or other irregular process shall be deemed to be lawful.


144. Rescue -

A person is liable to imprisonment for a term not exceeding two (2) years who rescues any person from lawful custody, whether in a prison or another place, or who assists any person to escape from such custody, or who aids, harbours, conceals, or shelters any person who has escaped from such custody, knowing that person to have so escaped.