263. 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.
BNS Section 263: Resistance or obstruction to lawful apprehension of another person
Section 263 of the Bharatiya Nyaya Sanhita, 2023 deals with resistance or obstruction to lawful apprehension of another person. It replaces IPC 225 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 263(a) is cognizable and bailable; 263(b) is cognizable and non-bailable; 263(c) is cognizable and non-bailable; 263(d) is cognizable and non-bailable; 263(e) is cognizable and non-bailable.
Ask on WhatsApp, free, no signup:
Bail, cognizability and punishment
| 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: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 263
IPC sections replaced
- IPC 225: Resistance or obstruction to lawful apprehension of another person
Ask CaseMinister about BNS 263
Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.