Section 265 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 265 of the Bharatiya Nyāya Saṃhitā (BNS), 2023, which falls under Chapter XIV: False Evidence and Offences Against Public Justice:
🛡️ Section 265 – Resistance or Obstruction to Lawful Apprehension, Escape, or Rescue
Statutory Text (Summarized):
Whoever intentionally offers resistance or obstructs the lawful apprehension, escape, or rescue of any person, in cases not otherwise provided for, shall be punished with:
Imprisonment for a term which may extend to two years, or
Fine, or
Both.
Explanation: This section applies when the act is not covered under any other specific provision of the law.
🔍 Key Features
Offence Type:
Cognizable: Police can arrest without a warrant.
Bailable: Offender can be released on bail.
Non-compoundable: Cannot be settled out of court.
Triable by Magistrate: Depending on the severity, it may be triable in a Magistrate’s Court.
Applicability:
This section is invoked in situations where resistance or obstruction to lawful apprehension, escape, or rescue is not specifically addressed by other provisions of the law.
It ensures that acts of resistance or obstruction that fall outside the scope of other laws are still punishable.
⚖️ Comparison with IPC
IPC Section 186: Deals with obstructing a public servant in the discharge of their public functions.
IPC Section 225: Addresses resistance or obstruction to lawful apprehension.
BNS Section 265: Provides a general provision for resistance or obstruction to lawful apprehension, escape, or rescue in cases not specifically provided for, thereby covering gaps left by other provisions.
✅ Summary
Section 265 BNS criminalizes the intentional resistance or obstruction to lawful apprehension, escape, or rescue in cases not specifically addressed by other laws. It provides a general provision to ensure that such acts are punishable, thereby maintaining the rule of law and public order.
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