Bharatiya Nyaya Sanhita, 2023
BNS Section 265
Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
In one line
BNS Section 265 deals with resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for and replaces IPC 225B.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 265 | Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for. | Imprisonment for 6 months, 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 265
265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for.
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.
Frequently asked
What was BNS Section 265 in the IPC?
BNS Section 265 (Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for) replaces Section 225B of the Indian Penal Code, 1860. IPC 225B is now BNS 265.
What is the punishment under BNS 265?
Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for – punishable with imprisonment of either description for a term which may extend to six months, 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 265 bailable?
Bailable: BNS 265. 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 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 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 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
- BNS 269 — Failure by person released on bail bond or bond to appear in Court
- BNS 270 — Public nuisance