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BNS Section 265: Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
Section 265 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 265
Section 265 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever, in any case not provided for in section 262 or section 263 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”
Explanation and Illustration of Section 265
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 is a broad spectrum section that intends to provide for any person resisting lawful arrest or attempting escape from government custody.
This section highlights two particular acts:
There are two other sections that provide for the above actions:
For an act to qualify as a crime under the provisions of Section 265, there are two simple criteria:
If the above two criteria are met, then it shall be considered an offence under the provisions of Section 265. However, it specifically deals with helping a person accused or convicted of a crime from lawful apprehension. When a person is arrested by order of court or by the direction of law, it is called lawful apprehension.
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 succeeds in helping the accused or convict with evading arrest or making an escape. Even attempting to help such persons 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 six months, or with fine, or with both.
The above actions may not be an offence under this section if:
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 265
This section deals with: Resisting arrest.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 265 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 265 of BNS replaces Section 225B 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 |
|---|---|---|---|
| 265 | Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. | 225B | 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 265 of the Bharatiya Nyay Sanhita (BNS)
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