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.
IPC Section 225 in BNS: Section 263
Resistance or obstruction to lawful apprehension of another person
Section 225 of the Indian Penal Code, 1860 (Resistance or obstruction to lawful apprehension of another person) corresponds to Section 263 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 263(a) is cognizable, bailable, triable by Any Magistrate; punishment: Imprisonment for 2 years, or fine, or both.
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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 263
Full BNS Section 263 and every IPC section it replaced →
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