265 BNS : Resistance or obstruction to arrest, or escape or rescue, in cases not otherwise covered

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Introduction of 265 BNS

265 BNS deals with resistance to lawful arrest, obstruction of arrest, escape from custody, or rescuing someone from custody, in cases that are not otherwise specifically covered under other provisions of law. This section ensures that no loopholes exist when people try to resist, obstruct, or escape lawful custody. The focus is on intentional actions that hinder justice, even if they are minor in nature. By prescribing proportionate punishment, the law strengthens public order, judicial authority, and police powers.

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The Bharatiya Nyaya Sanhita (BNS) Section 265 replaces the old Indian Penal Code (IPC) Section 225-B.

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What is BNS Section 265 ?

BNS Section 265 of the Bharatiya Nyaya Sanhita punishes anyone who resists or obstructs a lawful arrest, escapes from custody, or rescues another person from lawful custody, in cases not otherwise specifically covered by law. The offence is cognizable and bailable, triable by any Magistrate, and carries punishment of up to 6 months’ imprisonment, fine, or both. It serves as a residual safeguard ensuring no act of resistance or escape goes unpunished.

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BNS 265 in Simple Points

“Whoever resists or obstructs a lawful arrest, escapes from lawful custody, or rescues another from such custody, in cases not otherwise provided for, shall be punished with imprisonment for a term which may extend to six months, or with fine, or with both.”

1. Meaning of “Resistance or Obstruction to Arrest, Escape or Rescue”

• This section applies to general cases where no specific law already provides punishment.
• It punishes anyone who:
  • Resists their own lawful arrest,
  • Obstructs the lawful arrest of another person,
  • Escapes from lawful custody, or
  • Rescues someone else from lawful custody.
• It ensures there is no legal loophole for such acts.

2. Who is Covered?

This law applies to:

• Accused persons who resist arrest or attempt to escape.
• Friends, relatives, or associates who obstruct the lawful arrest of others.
• Groups or individuals who attempt to rescue detained persons from police, prison, or court custody.
• Anyone who aids, abets, or directly participates in such resistance or rescue.

3. Nature of the Offence

• Cognizable → Police can arrest without a warrant.
• Bailable → The accused has the right to seek bail.
• Non-compoundable → Cannot be settled privately; must go through trial.
• Triable by any Magistrate → Any Magistrate’s court can hear the case.

4. Examples of BNS Section 265

Example 1 – Resistance to Arrest
A man accused of theft pushes a police officer and runs away when officers try to arrest him. → Punishable under Section 265.

Example 2 – Rescue from Custody
During a prisoner’s transfer, friends of the accused attack the police van and free him. → Covered under Section 265.

Example 3 – Escape from Custody
A detainee breaks open the lock of a holding cell and runs away. → Liable under this section.

Example 4 – Obstruction to Arrest of Another Person
A relative blocks the police from entering a house to arrest an accused hiding inside. → Punishable under Section 265.

5. Punishment under BNS Section 265

• Imprisonment → Up to 6 months.
• Fine → Amount decided by the court.
• Both → The court may impose both imprisonment and fine.

6. Importance of BNS Section 265

• Ensures lawful arrests and custody cannot be obstructed.
• Acts as a catch-all provision for resistance/escape cases not covered elsewhere.
• Maintains discipline, authority, and respect for law enforcement.
• Protects the judicial process from being undermined by resistance or unlawful rescues.

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Section 265 BNS Overview

BNS Section 265 defines the offence as any resistance, obstruction, escape, or rescue related to lawful apprehension or custody, performed intentionally and unlawfully. This ensures that public servants and legal authorities can execute their duties without undue interference.

10 Key Points of BNS Section 265

1. Resisting Lawful Apprehension

• Any intentional resistance to being arrested lawfully is covered under this section.
• It applies to the person resisting their arrest or assisting someone else in resisting.
• Example: A suspect refusing to cooperate with the police and physically pushing officers away.
• Such resistance undermines the law’s authority and can lead to punishment.

2. Obstructing Arrest of Others

• This occurs when a person actively interferes in the lawful arrest of another individual.
• Example: A family member blocks the door to prevent the police from entering to arrest a suspect.
• By obstructing legal duties, the person disrupts the justice process.

3. Escaping from Lawful Custody

• Any intentional attempt to escape from custody where a person is lawfully detained falls under this section.
• Example: A detainee slipping out of handcuffs while being transported.
• This offense applies even if the escape is only attempted and not successful.

4. Rescuing Someone from Custody

• This refers to actively helping someone escape from lawful custody.
• Example: A group breaking into a police station to free an arrested individual.
• Such actions not only obstruct justice but also put public servants at risk.

5. Attempting to Escape from Custody

• Even if a person fails in their attempt to escape lawful custody, it is punishable under this section.
• Example: A prisoner digging a hole in the jail wall but being caught midway.
• The law considers the attempt as a significant threat to justice.

6. Attempting to Rescue Another Person

• Attempting to free someone from custody, even if the rescue fails, is covered by this section.
• Example: Trying to bribe a guard to release a detainee.
• The focus is on the intent to disrupt the lawful detention process.

7. Cognizable Nature of the Offense

• This offense is cognizable, meaning the police can arrest the accused and start an investigation without court approval.
• The quick response capability ensures that such acts are addressed promptly.
• It reflects the seriousness of the interference with justice.

8. Bailable Offense

• BNS Section 265 is bailable, allowing the accused to seek bail during legal proceedings.
• This ensures fairness, especially when the offense may not be severe.
• The granting of bail depends on the case’s specifics and the discretion of the court.

9. Punishment for Violations

• Violations under this section are punishable by imprisonment of up to 6 months, a fine, or both.
• The punishment balances severity based on the offense’s impact.
• It ensures proportionality, whether for resistance, escape, or rescue.

10. Trial by Magistrate

• Cases under this section are tried by any Magistrate, providing flexibility in handling such matters.
• This makes the process more accessible across jurisdictions.
• The trial ensures that justice is served appropriately for both minor and major disruptions.

Examples of BNS Section 265

Example 1: Resistance to Arrest

A person accused of theft physically resists being arrested by police officers by pushing them away and running into a crowd to evade custody.

Example 2: Rescue from Custody

A group of individuals attacks a police convoy to free their associate, who is being transported to court after being arrested for a crime.

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BNS 265 Punishment

1. Imprisonment: Punishable with imprisonment of up to six months.
2. Fine: The individual may also face a fine, or both imprisonment and fine, depending on the gravity of the offence.

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BNS 265 bailable or not ?

BNS Section 265 is a bailable offence, meaning the accused can seek bail and avoid remaining in custody while legal proceedings are ongoing.

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Bharatiya Nyaya Sanhita Section 265

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Comparison Table — BNS Section 265 vs IPC Section 225B

BNS Section 265 FAQs

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Conclusion

BNS Section 265 plays a crucial role in filling legal gaps by addressing resistance, obstruction, escape, or rescue cases not otherwise provided for in the Bharatiya Nyaya Sanhita. It ensures that even seemingly smaller disruptions — like resisting an arrest or trying to free someone from custody — are treated seriously under the law. The offence is cognizable but bailable, reflecting a balance between quick police action and fairness to the accused. With punishments extending up to six months’ imprisonment, fine, or both, this section acts as a deterrent while maintaining proportionality for less serious cases. Ultimately, it reinforces the principle that lawful authority must be respected, and justice cannot be obstructed.

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