Section 263 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a clear, well-supported summary of Section 263 of the Bharatiya Nyaya Sanhita, 2023 (BNS), part of Chapter XIV – False Evidence & Offences Against Public Justice:
🛡️ Section 263 – Resistance or Obstruction to Lawful Apprehension of Another Person
⚖️ Offence Description
A person commits this offence if they deliberately:
Offer resistance or illegal obstruction to the lawful arrest of another individual, or
Rescue or attempt to rescue someone from lawful custody.
🧩 Punishment Structure
Consequences vary with the severity of the offence the person being protected faces:
| Scenario | Punishment |
|---|---|
| (a) Any offence (not specified below) | Up to 2 years imprisonment (simple or rigorous), or fine, or both (devgan.in, law4u.in) |
| (b) If the person is charged with or liable for an offence punishable with life imprisonment or up to 10 years | Up to 3 years imprisonment + fine |
| (c) If the person is charged with or liable for an offence punishable by death | Up to 7 years imprisonment + fine |
| (d) If the person is under sentence of life imprisonment or 10+ years | Up to 7 years imprisonment + fine |
| (e) If the person is under a death sentence | Imprisonment for life or up to 10 years + fine |
🔍 Key Points
Intentionality: The act must be deliberate—not accidental or reactive.
Scope: Applies to others, not to one’s own arrest or escape.
Tiered Severity: Penalty aligns with the gravity of the legal jeopardy faced by the person being shielded.
🧭 Context & Comparison
This section complements Section 262, which addresses resisting one’s own arrest.
It sits among Sections 258–265, which collectively target disruptions to lawful justice system processes
📝 Example Case
If A physically intervenes to free B from custody—where B is facing a death penalty charge—A could face life imprisonment or up to 10 years, plus a fine under clause (e).
RELATED Blog
0 comments