Bharatiya Nyaya Sanhita, 2023
BNS Section 262
Resistance or obstruction by a person to his lawful apprehension
In one line
BNS Section 262 deals with resistance or obstruction by a person to his lawful apprehension and replaces IPC 224.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 262 | Resistance or obstruction by a person to his lawful apprehension. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 262
262. Resistance or obstruction by a person to his lawful apprehension.
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.
Frequently asked
What was BNS Section 262 in the IPC?
BNS Section 262 (Resistance or obstruction by a person to his lawful apprehension) replaces Section 224 of the Indian Penal Code, 1860. IPC 224 is now BNS 262.
What is the punishment under BNS 262?
Resistance or obstruction by a person to his lawful apprehension – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 262 bailable?
Bailable: BNS 262. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 257 — Public servant in judicial proceeding corruptly making report, etc., contrary to law
- BNS 258 — Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
- BNS 259 — Intentional omission to apprehend on part of public servant bound to apprehend
- BNS 260 — Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed
- BNS 261 — Escape from confinement or custody negligently suffered by public servant
- BNS 263 — Resistance or obstruction to lawful apprehension of another person
- BNS 264 — Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
- BNS 265 — Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
- BNS 266 — Violation of condition of remission of punishment
- BNS 267 — Intentional insult or interruption to public servant sitting in judicial proceeding