BNS Section 263 — Resistance or obstruction to lawful apprehension of another person

Summary

This section deals with a person who intentionally resists or illegally obstructs the lawful arrest of someone else for an offence, or who rescues or tries to rescue someone who is lawfully detained in custody for an offence. The punishment depends on the seriousness of the offence the other person is accused of or sentenced for.

Under clause (a), if the person being arrested or rescued is not in a special category, the offender shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Under clause (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, the offender shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Under clause (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, the offender shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Under clause (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, the offender shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Under clause (e), if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, the offender 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.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §225 — Resistance or obstruction to lawful apprehension of another person