Introduction of BNS Section 262
262 BNS criminalises resistance, obstruction or escape from lawful apprehension or custody. In short: if a person deliberately resists being lawfully arrested, obstructs an officer from arresting them, or tries to run from custody, they face separate punishment over and above the penalty for the original offence. Read on for a plain-English explanation, punishments, and a clean comparison with the older IPC provision
The Bharatiya Nyaya Sanhita (BNS) Section 262 replaces the old Indian Penal Code (IPC) Section 223.
What is BNS Section 262 ?
BNS Section 262 pertains to individuals who resist or obstruct their lawful apprehension. This section imposes additional punishment on a person who, while being lawfully detained or charged with an offense, either resists arrest, obstructs officials, or tries to escape from custody. The section underscores the principle that individuals should comply with legal processes and refrain from hindering law enforcement.
BNS 262 in Simple Points
“Whoever resists or intentionally obstructs his lawful apprehension, or attempts to escape from lawful custody, shall be punished as provided in this section.”
- Meaning of “Resistance or Obstruction to Lawful Apprehension”
This section applies when a person intentionally acts to prevent or hinder lawful arrest or detention. Resistance may be physical (pushing, hitting, running away), verbal (threats or loud obstruction), or indirect (inciting others to block an arrest). Attempts to flee from custody—whether successful or not—are also covered. The essential element is deliberate conduct aimed at opposing lawful apprehension or escaping custody. - Who is Covered?
This provision applies to any person who is lawfully subject to arrest or detention, including:
- Accused persons facing arrest;
- Detainees held for questioning or remand;
- Convicted persons in lawful custody.
It targets the individual who resists or flees, not the public servant.
- Nature of the Offence
- Cognizable: Police may arrest without a warrant when resistance or escape is occurring or has occurred.
- Bailable: The accused generally has the right to apply for bail.
- Non-Compoundable: The offence cannot be settled privately; it must proceed through the courts.
- Triable by Magistrate: Cases are ordinarily heard by a magistrate.
- Separate Charge: Punishment under this section is in addition to any penalty for the original offence that led to arrest or custody.
- Examples of BNS Section 262
- Example 1 — Physical resistance: A suspect being arrested for theft pushes the arresting officer and bolts. → Charged under BNS 262 in addition to the theft charge.
- Example 2 — Escape attempt from custody: A detainee at a police station climbs out of a window and flees. → Actionable under Section 262 even if the original charge remains pending.
- Example 3 — Indirect obstruction: During an attempted arrest, a person shouts to gather a crowd to prevent the officer from taking him away. → Obstruction punishable under Section 262.
- Example 4 — Lawful defence not covered: If the arrest itself was unlawful, resisting that arrest may be a defence; but lawful arrests met with forceful resistance attract Section 262.
- Punishment under BNS Section 262
- Imprisonment: Simple imprisonment for a term which may extend to two years.
- Fine: The court may impose a fine.
- Both: The court may order both imprisonment and fine depending on circumstances.
- Cumulative: This punishment is additional to any sentence for the underlying offence.
- Importance of BNS Section 262
- Preserves rule of law: Deters violent or obstructive attempts to evade arrest and ensures legal processes are respected.
- Protects public servants: Shields police and custody staff from assault and interference during law enforcement.
- Maintains public order: Prevents escalation and crowd interference that can endanger bystanders and officers.
- Ensures accountability: By treating resistance as an independent offence, the law discourages attempts to avoid justice through force or obstruction.
Section 262 BNS Overview
BNS Section 262 deals with individuals who resist or obstruct their lawful apprehension, or attempt to escape from custody. This law ensures that when a person is lawfully arrested or detained, they should not interfere with the process or attempt to escape. Any such actions by the individual lead to additional punishment.
10 Key Points of BNS Section 262
- Resistance to Lawful Apprehension
- Explanation: BNS Section 262 applies when an individual actively resists their lawful apprehension by a public servant, such as a police officer. Resistance can include physical actions (e.g., fighting with the officer) or verbal interference (e.g., making threats or encouraging others to interfere). The person is intentionally obstructing the arrest process, which is deemed illegal.
- Illegal Obstruction to Apprehension
- Explanation: This clause refers to obstructing or hindering the process of arrest, even without direct physical resistance. For example, standing in the way of an officer or blocking an arrest by shouting to alert others to flee would be considered obstruction. This includes any act that disrupts the officer’s ability to apprehend the individual.
- Escape from Custody
- Explanation: The section applies if the person attempts to escape or actually escapes from lawful custody. Whether it’s an individual detained for questioning or a prisoner in a jail, if the person tries to break free or successfully does so, they are subject to further punishment under this section. This ensures that those in custody are not allowed to escape without facing legal consequences.
- Punishment is in Addition to Original Offense
- Explanation: The punishment for resisting, obstructing, or escaping is separate from the punishment of the original crime the person was charged with. For example, if a person is arrested for theft and they resist arrest, they will be sentenced for the theft plus any additional penalties under Section 2262 for their attempt to resist or escape. The law ensures that resistance is taken seriously and adds additional penalties.
- Imprisonment for a Term of Up to 2 Years
- Explanation: The section stipulates that those who resist apprehension or escape can be punished with imprisonment of up to two years. This can be simple imprisonment, meaning it doesn’t require a separate trial in a higher court. In addition, the individual may be fined or both imprisoned and fined.
- Fines in Addition to Imprisonment
- Explanation: Along with imprisonment, individuals can face a fine, depending on the gravity of the offense. The fine is a way to penalize further actions such as attempting to disrupt the law enforcement process or evade arrest. The fine amount can vary, but it is often determined by the court.
- Cognizable Offense
- Explanation: Cognizable offenses mean that the police have the authority to arrest the individual without a warrant. If someone resists arrest or attempts to escape, the officer can immediately arrest them under the provisions of BNS Section 262, even without first seeking permission from a court. This classification helps maintain law and order swiftly.
- Bailable Offense
- Explanation: Despite being a cognizable offense, BNS Section 262 is bailable. This means the accused person can seek bail after being arrested under this section. It gives the arrested person the option of temporary release before the trial, assuming the court finds it appropriate to grant bail. Bail ensures the person has a right to contest the charges without being in custody the entire time.
- Triable by Any Magistrate
- Explanation: Cases under Section 262 can be tried by any magistrate, meaning it does not require a higher court’s involvement for trial. This provision ensures that such cases are dealt with quickly and efficiently, avoiding unnecessary delays and helping law enforcement handle the matter swiftly.
- Non-Compoundable Offense
- Explanation: A non-compoundable offense means that the charges cannot be settled through a private agreement or reconciliation between the accused and the complainant. The matter must go through the legal process in court, where the punishment will be decided based on the severity of the obstruction or escape attempt.
Examples of BNS Section 262 in Practice
- Example 1: A man charged with burglary tries to escape by forcefully pushing the arresting officer away and fleeing the scene. When caught, he is not only charged with burglary but also with resistance under BNS Section 262.
- Example 2: A person convicted of fraud attempts to break out of a detention facility. Though his initial sentence covers the fraud conviction, his escape attempt leads to additional charges under Section 262, adding up to two more years to his sentence.
BNS 262 Punishment
- Imprisonment: Up to 2 years of simple imprisonment, which is a lighter form of imprisonment where the person is not held in high-security conditions.
- Fine: A fine may be imposed, depending on the circumstances of the case.
- Combination of Both: The individual may face both imprisonment and a fine, depending on the court’s decision.
BNS 262 bailable or not ?
BNS Section 262 is bailable. This means that if someone is arrested under this section, they can apply for bail, and the court can decide whether to release them before the trial. However, this doesn’t diminish the seriousness of the offense, as the person can still face punishment if convicted.
Comparison table for BNS Section 262 vs IPC Section 223
| Section | What it Means | Punishment | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 262 | Covers any person who resists or obstructs their lawful apprehension or attempts to escape from lawful custody. Applies when the act is intentional and done to evade arrest or detention. | Simple imprisonment up to 2 years, or fine, or both. Punishment is in addition to any for the original offence. | Bailable | Cognizable | Any Magistrate |
| IPC Section 223 (Old) | Penalized a person who resisted lawful apprehension, obstructed arrest, or escaped from custody. Focused on intentional resistance during or after lawful arrest. | Simple imprisonment up to 2 years, or fine, or both. Also applied in addition to punishment for the main offence. | Bailable | Cognizable | Any Magistrate |
| Key Difference: BNS 262 modernizes IPC 223 with clearer language and structure but retains the same essence — penalizing those who resist, obstruct, or escape lawful apprehension. Punishment and classification remain identical. | |||||
BNS Section 262 FAQs
What is BNS Section 262?
BNS Section 262 deals with individuals who intentionally resist or obstruct their lawful arrest, or who attempt to escape from lawful custody. The section provides a penalty for these actions in addition to the punishment for the original offense the individual is charged with.
What is the punishment for violating BNS Section 262?
The punishment under BNS Section 262 can include up to 2 years of simple imprisonment, a fine, or both, depending on the circumstances of the case.
Is BNS Section 262 a bailable offense?
Yes, BNS Section 262 is a bailable offense. This means the accused individual can apply for bail after being arrested under this section, and the court will decide whether to grant bail.
Can someone be arrested without a warrant under BNS Section 262?
Yes, BNS Section 262 is a cognizable offense, meaning the police have the authority to arrest the person without a warrant if they are resisting arrest or attempting to escape custody.
Is BNS Section 262 a compoundable offense?
No, BNS Section 262 is a non-compoundable offense. This means that the charges cannot be dropped or settled privately between the accused and the complainant. The case must go through the legal process.
What happens if a person is punished under BNS Section 262 in addition to the original offense?
If a person is found guilty of resisting arrest or escaping custody, the punishment under Section 262 will be added to the punishment for the original offense they were charged with. For example, if they were arrested for theft and then resisted arrest, they would face penalties for both the theft and the resistance.
Conclusion
BNS Section 262 protects the arrest process and custody system by making deliberate resistance or escape an independent offence. Because the charge is cognizable and bailable and the punishment (up to two years’ simple imprisonment, fine, or both) is additional to any sentence for the underlying crime, the section both deters violent obstruction and allows the justice system to respond quickly. For readers: comply with lawful orders, and if you’re facing such a charge, consult a lawyer promptly — resisting arrest creates separate legal exposure and complicates defence strategy.
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Finished with BNS 262 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 263 BNS : Resistance or obstruction to lawful apprehension of another person.
- https://marriagesolution.in/bns_section/263-bns/
- 264 BNS : Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.
- https://marriagesolution.in/bns_section/264-bns/
- 265 BNS : Resistance or obstruction to arrest, or escape or rescue, in cases not otherwise covered.
- https://marriagesolution.in/bns_section/265-bns/
- 266 BNS : Violation of condition of remission of punishment.
- https://marriagesolution.in/bns_section/266-bns/
- 267 BNS : Intentional disrespect or interruption of a public servant while in judicial proceeding.
- https://marriagesolution.in/bns_section/267-bns/
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