265 BNS

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Introduction of BNS Section 265

BNS Section 265 focuses on cases where individuals resist lawful arrest, escape from lawful custody, or rescue someone from custody, provided such cases are not already covered by other laws. This section ensures that actions hindering the lawful administration of justice are punished appropriately, maintaining public order and the integrity of legal proceedings.

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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 punishes anyone who resists being lawfully arrested, escapes from custody, or helps someone else escape. It applies to intentional actions that disrupt the work of law enforcement and ensures proper punishment for such behavior.

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BNS 265 in Simple Points

1. Resisting or Obstructing Lawful Arrest
   • This section applies when a person intentionally resists or obstructs their own arrest or that of someone else when it is lawful.
   • Example: A person uses force to stop the police from arresting them or a friend.
2. Escaping from Lawful Custody
   • If someone who is lawfully detained tries to escape or successfully escapes, it is punishable under this section.
   • Example: A person breaks out of a police lockup.
3. Rescuing Someone from Custody
   • Attempting to rescue another person from lawful detention, such as interfering during their transfer, is also covered under this section.
   • Example: A group disrupts a prison transfer to free an accused.
4. Punishment
   • The punishment includes imprisonment up to 6 months, a fine, or both. The severity of the penalty depends on the nature of the resistance or obstruction.
5. Legal Classification
   • Cognizable: Police can register an FIR and initiate an investigation.
   • Bailable: The accused can obtain bail.
   • Trial: Cases under this section are tried by any Magistrate.

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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

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
265	Resistance or obstruction to lawful apprehension, escape, or rescue in cases not otherwise provided	Imprisonment up to 6 months, fine, or both	Bailable	Cognizable	Any Magistrate

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BNS Section 265 FAQs

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