BNS Section 262 – Resistance or obstruction by a person to his lawful apprehension
The Indian Penal Code (IPC) Section – 224
Understanding BNS Section 262: Resistance or Obstruction to Lawful Apprehension
The legal system relies on the lawful apprehension and detention of individuals charged with or convicted of offenses. When a person intentionally resists arrest or obstructs their lawful apprehension, it undermines the rule of law. Section 262 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 262 Say?
Section 262 deals with the act of a person intentionally resisting or obstructing their lawful apprehension or escaping from lawful custody. Here’s what the law states:
- Offense: If a person:
- Intentionally resists or illegally obstructs their lawful apprehension for an offense they are charged with or convicted of, or
- Escapes or attempts to escape from lawful custody for such an offense,
they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 2 years,
- A fine, or
- Both imprisonment and fine.
- Explanation: This punishment is in addition to the punishment for the original offense the person is charged with or convicted of.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Intentionally resisting or obstructing lawful apprehension or escaping from lawful custody. |
| Punishment | Up to 2 years in jail, a fine, or both. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Bailable: The accused can seek bail. |
| Court Jurisdiction | Trial can be conducted by any Magistrate. |
Why is This Law Important?
- Ensures Lawful Apprehension: It discourages individuals from resisting arrest or obstructing lawful apprehension.
- Maintains Order in the Legal System: It ensures that individuals charged with or convicted of offenses face the consequences of their actions.
- Prevents Escapes from Custody: It deters individuals from escaping or attempting to escape from lawful detention.
Examples of Offenses Under Section 262
- Example 1: A person physically resists arrest by a police officer attempting to apprehend them for a theft charge.
- Example 2: An individual attempts to flee from police custody after being detained for a criminal offense.
- Example 3: A convicted person tries to escape from jail by breaking a window or overpowering a guard.
Conclusion
Section 262 of the BNS is a crucial provision to ensure that individuals do not resist lawful apprehension or escape from custody. Such actions are punishable offenses, and the penalty is in addition to the punishment for the original offense. Always act responsibly and within the bounds of the law.
