Criminal Offences Act, 1960 (Act 29)

Section 36 - Use of force for arrest, detention or recapture

(1) A person who by law may, with or without a warrant or any other legal process, arrest and detain another person

(a) may use force which is necessary for the arrest, detention, or recapture of that person, and

(b) may, if the arrest is made in respect of a felony, kill the other person, if the other person cannot by any means otherwise be arrested, detained, or retaken.

(2) Force may be used under subsection (1) only where the other person, having notice or believing in the lawful arrest, avoids arrest by resistance or fight, or escapes or endeavours to escape from custody.

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