Section 262 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 262 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, which appears in Chapter XIV: False Evidence and Offences against Public Justice:
🎯 Section 262 – Resistance or Obstruction to Lawful Apprehension (by an Accused)
Statutory Text:
“Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Explanation: The punishment under this section is in addition to the punishment for which the person was liable for the offence he was charged with or convicted of.”
🧩 Key Elements
1. Who is guilty?
The section applies to the accused or convicted person themselves, not public servants or third parties.
2. Offending Acts Include:
Resisting or obstructing lawful arrest or detention, including physical resistance.
Escaping or attempting to escape from lawful custody, whether before or after conviction.
3. Mens Rea (Mental Intent):
The act must be done intentionally—willful resistance, obstruction, or escape from detention.
4. Penalty:
Imprisonment (simple or rigorous) for up to 2 years, or a fine, or both.
This sentence is over and above the punishment for the substantive offence.
⚖️ Classification & Context
Cognizable offence: Police can arrest without a warrant.
Bailable: Offender can be released on bail.
Triable by Magistrate: As per its rank, likely tried in a regular criminal court.
How This Compares with IPC
IPC didn’t have a standalone provision addressing a suspect's active resistance to arrest or escape.
BNS §262 explicitly addresses and penalizes these acts, emphasizing accountability for any obstructive or escape behaviour.
🛡️ Practical Insights
A suspect who fights with police during arrest—even before conviction—can face this separate penalty.
An inmate escaping from jail, or trying to, can incur up to 2 extra years besides the original sentence.
Since it’s additive, offenders must face both the original penalty and the Section 262 punishment.
🧭 Summary:
Section 262 BNS empowers the law to penalize the accused themselves for resisting lawful arrest or escaping custody. Intended as a deterrent, it ensures such acts are criminalized and punished in addition to the underlying offence.
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