What Is BNS Section 263?

Bharatiya Nyaya Sanhita, 2023 - Section 263: Resistance or Obstruction to Lawful Apprehension of Another Person

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.

Brief Detail

BNS Section 263 pertains to the illegal resistance or obstruction of the lawful apprehension of another individual. It includes actions such as physically intervening to prevent an arrest or rescuing someone from lawful custody.

Question & Answers

Q1: What actions are considered illegal under Section 263?

A1: Actions such as physically resisting the arrest of another person, obstructing law enforcement, or attempting to rescue someone from lawful custody are considered illegal.

Q2: What are the potential penalties for violating Section 263?

A2: The penalties vary depending on the offence of the person being apprehended or rescued, ranging from up to two years of imprisonment or fine for lesser offences to life imprisonment or a fine for those under the sentence of death.

Example

Example Scenario:

If K attempts to prevent the police from arresting L, who is charged with robbery (punishable with up to ten years of imprisonment), K may face imprisonment for up to three years and/or a fine under Section 263.

Summary

BNS Section 263 emphasizes the legal consequences for anyone who obstructs the lawful apprehension of another person. The section categorizes offences based on the severity of the crime for which the individual is being apprehended, ensuring that appropriate penalties are enforced.