Resistance or obstruction by a person to his lawful apprehension
What this section does
This section penalises a person who intentionally resists or illegally obstructs their own lawful arrest for an offence they are charged with or convicted of, or who escapes or attempts to escape from lawful custody. The punishment is cumulative — it is in addition to the punishment for the underlying offence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description up to 2 years, or fine, or both (in addition to punishment for the underlying offence)
- Triable by
- Any Magistrate
- Cognizable
- Yes
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused intentionally offered resistance or illegal obstruction, OR escaped or attempted to escape
- The resistance/obstruction/escape was in relation to the accused's own lawful apprehension or lawful custody
- The apprehension or custody was for an offence with which the accused was charged or of which they were convicted
Practitioner note
The Explanation makes clear this punishment is cumulative and does not merge with the sentence for the original offence.
Derived from IPC s.224.
Read the official text
For the binding statutory text of BNS Section 262, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 262 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.