Bharatiya Nyaya Sanhita, 2023
BNS Section 263
Resistance or obstruction to lawful apprehension of another person
In one line
BNS Section 263 deals with resistance or obstruction to lawful apprehension of another person and replaces IPC 225.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 263(a) | Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
| 263(b) | If charged with an offence punishable with imprisonment for life or imprisonment for 10 years. | Imprisonment for 3 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 263(c) | If charged with offence punishable with death. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 263(d) | If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards. | Imprisonment for 7 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 263(e) | If under sentence of death. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
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 263
263. Resistance or obstruction to lawful apprehension of another person.
Whoever, intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence,— (a) shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or (b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or (c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or (d) if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or (e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
What changed from the IPC
- IPC 225 → BNS 263: Section is reorganized in form of clauses (a), (b) and (c).
Frequently asked
What was BNS Section 263 in the IPC?
BNS Section 263 (Resistance or obstruction to lawful apprehension of another person) replaces Section 225 of the Indian Penal Code, 1860. IPC 225 is now BNS 263.
What is the punishment under BNS 263(a)?
Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody – 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.
What is the punishment under BNS 263(b)?
If charged with an offence punishable with imprisonment for life or imprisonment for 10 years – 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 non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 263(c)?
If charged with offence punishable with death – 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 non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 263(d)?
If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards – 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 non-bailable, triable by magistrate of the first class.
What is the punishment under BNS 263(e)?
If under sentence of death – 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 non-bailable, triable by court of Session.
Is BNS 263 bailable?
Bailable: BNS 263(a). Non-bailable: BNS 263(b), 263(c), 263(d), 263(e). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- 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 262 — Resistance or obstruction by a person to his lawful apprehension
- 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
- BNS 268 — Personation of assessor