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Introduction of BNS Section 262

BNS Section 262 deals with situations where a person tries to resist their lawful arrest or escape from lawful custody. This section says that if someone actively prevents or fights against being arrested or detained for an offense, they can face additional punishment. The punishment for resistance or escape is separate from the punishment for the original crime. This law aims to ensure that individuals cannot avoid legal consequences by obstructing justice. It is a cognizable and bailable offense, meaning the police can arrest the person without a warrant, and they can apply for bail.


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

  1. Resistance or Obstruction to Lawful Apprehension
    • Explanation: BNS Section 262 applies when a person intentionally resists or obstructs their lawful apprehension. This includes actions like pushing, fleeing, or using physical or verbal force to prevent an officer from making an arrest. The law emphasizes that anyone charged or convicted of an offense should not interfere with arrest or detention, as such resistance complicates law enforcement and legal processes.
  2. Attempt to Escape from Lawful Custody
    • Explanation: This section also covers attempts to escape from lawful custody. If a person tries to flee from police custody, a holding cell, or prison where they are legally detained, they can be charged under this section. For instance, a prisoner attempting to climb out of a window or evade guards would be liable under Section 262. The law ensures that people remain in custody until due legal proceedings release them, supporting public safety and judicial integrity.
  3. Punishment in Addition to Original Offense
    • Explanation: The punishment for resistance or obstruction is in addition to the penalty for the original offense. For example, if someone is detained for theft and resists arrest, they face separate charges under Section 262, which adds up to two years of imprisonment, a fine, or both. This section acts as a deterrent, as those who obstruct their lawful arrest or escape from custody face further consequences.
  4. Classification: Cognizable and Bailable
    • Explanation: Offenses under BNS Section 262 are cognizable and bailable. Since it is a cognizable offense, police have the authority to arrest the individual without a warrant. However, because it is bailable, the accused can obtain bail once arrested. This classification aims to address resistance or obstruction quickly while ensuring the individual can apply for temporary release until trial.
  5. Triable by Any Magistrate
    • Explanation: Cases under Section 262 can be tried by any magistrate. This provision makes it easier for cases to be handled in any court, allowing for quicker processing. The law doesn’t require higher court intervention for such offenses, streamlining the judicial process for resistance or obstruction cases.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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.


Bharatiya Nyaya Sanhita Section 262

AspectExplanation
Acts CoveredResistance, obstruction, or escape from lawful apprehension
Additional PunishmentPunishment under Section 2262 is added to the original offense’s penalty
PenaltyImprisonment up to 2 years, a fine, or both
Cognizability and BailabilityCognizable (arrest without warrant) and bailable
Trial ProcessTriable by any magistrate
Bharatiya Nyaya Sanhita Section 262

BNS Section 262 FAQs

What is BNS Section 262?

What is the punishment for violating BNS Section 262?

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?

Is BNS Section 262 a compoundable offense?

What happens if a person is punished under BNS Section 262 in addition to the original offense?


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