Resistance or obstruction to lawful apprehension of another person
What this section does
This section penalises anyone who intentionally resists or obstructs the lawful arrest of another person, or rescues or attempts to rescue another person from lawful custody. The punishment escalates in five tiers depending on the severity of the offence for which the person being apprehended or rescued is charged or sentenced.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Tiered: (a) Up to 2 years imprisonment and/or fine (general); (b) Up to 3 years imprisonment and fine if the person apprehended/rescued is charged with an offence punishable with life imprisonment or up to 10 years; (c) Up to 7 years imprisonment and fine if charged with a capital offence; (d) Up to 7 years imprisonment and fine if the person is under sentence of life imprisonment or 10 years or more; (e) Imprisonment for life or up to 10 years imprisonment and fine if the person is under sentence of death
- Triable by
- Magistrate of First Class (clauses a–b); Sessions Court (clauses c–e)
- Cognizable
- Depends
- Bailable
- Depends
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused intentionally offered resistance or illegal obstruction to the lawful apprehension of another person, OR rescued or attempted to rescue another person from lawful custody
- The other person was lawfully detained or liable to be apprehended for an offence
- The tier of punishment depends on the nature of the offence attributed to the person being apprehended or rescued
Practitioner note
Cognizability and bailability depend on the clause attracted, which in turn depends on the underlying offence of the person being rescued or apprehended. Practitioners must identify the correct clause before determining procedure.
Derived from IPC s.225.
Read the official text
For the binding statutory text of BNS Section 263, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 263 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.