Consult an Expert
Business Setup
Prefer to talk to a business advisor first?
Book a call backTax & Compliance
Prefer to talk to a business advisor first?
Book a call backTrademark & IP
Prefer to talk to a business advisor first?
Book a call backDocumentation
Prefer to talk to a business advisor first?
Book a call backOthers
Prefer to talk to a business advisor first?
Book a call back
Consult an Expert
Business Setup
Tax & Compliance
Trademark & IP
Documentation
Others
More
Consult an Expert
Business Setup
International Business Setup
Company Name Search
Licenses & Registrations
Web Development
Tax & Compliance
GST and Other Indirect Tax
Changes in Pvt Ltd Company
Changes In Limited Liability Partnership
Mandatory Annual Filings
Labour Compliance
Accounting & Tax
Trademark & IP
Trademark
Design Registration
Documentation
Free Legal Documents
Business Contracts
Personal & Family
Notices
HR Policies
Others
Calculator
NGO Registration
NGO Compliance
Licenses & Registrations
Name Change & Other Conditiions
File an e-FIR
Marriage
File a Consumer Complaint
Lawyer Services
Login
Section 262: Resistance or obstruction by a person to his lawful apprehension
Section 262 falls under Chapter 14 of the Bharatiya Nyaya Sanhita (BNS). Chapter 14 covers offences of false evidence and offences against public justice. Each section under this chapter deals with different offences related to matters that obstruct the delivery of public justice. Section 262 specifically deals with resisting arrest. Let us take a closer look at its provisions.
Definition of BNS Section 262
Section 262 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation.—The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.”
Explanation and Illustration of Section 262
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of resisting arrest. Let us break down the section to get a better understanding of it.
Offence
This section specifically deals with persons who have been or are about to be arrested for any offence. The person may be accused of a crime or convicted for a crime. .This section highlights two particular acts:
Any person who is found guilty of the above actions shall be considered an offender under the provisions of this section. It is irrelevant if the person actually succeds in evading arrest or making an escape. Even an attempt at escape or resist lawful apprehension amounts to an offence. Criminal intent is as culpable as a criminal act under the provisions of BNS.
Punishment
Any person, who is accused of a crime or convicted for an offence, attempts to resist an arrest or escape from custody shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
Further, there is a clarification in the form of an explanation that states, the punishment for resisting arrest will be in addition to the punishment received for the actual crime of which they have been accused or convicted. For instance, if a person is sentenced to 5 years in prison. On the way to the prison he tries to escape. So now, for the crime of trying to escape custody, he shall serve two more years, which amounts to seven years in total.
The above actions may not be an offence under this section if:
Illustration
X is arrested for being accused of robbery. X threatens to set himself on fire while being arrested. X is an offender under the provisions of this section.
Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 262
This section deals with: Obstructing Arrest
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 262 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code.Section 262 of BNS replaces Section 224 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 262 | Resistance or obstruction by a person to his lawful apprehension. | 224 | No change in provisions for offence. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 262 of the Bharatiya Nyaya Sanhita (BNS)
Talk To Experts
Calculators
Downloads
By continuing past this page, you agree to our Terms of Service , Cookie Policy , Privacy Policy and Refund Policy © - Uber9 Business Process Services Private Limited. All rights reserved.
Uber9 Business Process Services Private Limited, CIN - U74900TN2014PTC098414, GSTIN - 33AABCU7650C1ZM, Registered Office Address - F-97, Newry Shreya Apartments Anna Nagar East, Chennai, Tamil Nadu 600102, India.
Please note that we are a facilitating platform enabling access to reliable professionals. We are not a law firm and do not provide legal services ourselves. The information on this website is for the purpose of knowledge only and should not be relied upon as legal advice or opinion.
