Criminal Procedure Act, 1977 (Act No. 51 of 1977)Chapter 5 : Arrest51. Escaping and aiding escaping before incarceration, and penalties therefor |
| (1) | Any person who escapes or attempts to escape from custody after he has been lawfully arrested and before he or she has been lodged in any correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section 117 of the Correctional Services Act, 1998 (Act No. 111 of 1998). |
[Section 50(1) substituted by section 4 of Act No. 66 of 2008]
| (2) | Any person who rescues or attempts to rescue from custody any person after he or she has been lawfully arrested and before he or she has been lodged in any correctional facility, police-cell or lock-up, or who aids the person to escape or to attempt to escape from custody, or who harbours or conceals or assists in harbouring or concealing any person who escapes from custody after he or she has been lawfully arrested and before he or she has been lodged in any correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section 117 of the said Correctional Services Act, 1998. |
[Section 50(2) substituted by section 4 of Act No. 66 of 2008]
| (3) | Notwithstanding anything to the contrary in any law contained, a lower court shall have jurisdiction to try any offence under this section and to impose any penalty prescribed in respect thereof. |