BNS Section 263 – Resistance or obstruction to lawful apprehension of another person
The Indian Penal Code (IPC) Section – 225
Understanding BNS Section 263: Resistance or Obstruction to Lawful Apprehension of Another Person
The legal system relies on the lawful apprehension and detention of individuals charged with or convicted of offenses. When someone intentionally resists or obstructs the lawful apprehension of another person or helps them escape from custody, it undermines the rule of law. Section 263 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 263 Say?
Section 263 deals with the act of intentionally resisting or obstructing the lawful apprehension of another person or rescuing or attempting to rescue them from lawful custody. Here’s what the law states:
- Offense: If a person:
- Intentionally resists or illegally obstructs the lawful apprehension of another person for an offense, or
- Rescues or attempts to rescue another person from lawful custody for an offense,
they commit an offense.
- Punishment: The punishment varies depending on the severity of the offense committed by the person being apprehended or rescued:
- General Case:
- Imprisonment for up to 2 years, or
- A fine, or
- Both imprisonment and fine.
- If the person is charged with or liable to be apprehended for an offense punishable with life imprisonment or imprisonment up to 10 years:
- Imprisonment for up to 3 years, and
- A fine.
- If the person is charged with or liable to be apprehended for an offense punishable with death:
- Imprisonment for up to 7 years, and
- A fine.
- If the person is under a sentence of life imprisonment or imprisonment for 10 years or more:
- Imprisonment for up to 7 years, and
- A fine.
- If the person is under a sentence of death:
- Imprisonment for life, or
- Imprisonment for up to 10 years, and
- A fine.
- General Case:
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Intentionally resisting or obstructing the lawful apprehension of another person or rescuing them from custody. |
| Punishment (General) | Up to 2 years in jail, or fine, or both. |
| Punishment (Life/10 yrs) | Up to 3 years in jail and a fine. |
| Punishment (Death) | Up to 7 years in jail and a fine. |
| Punishment (Life/10+ yrs) | Up to 7 years in jail and a fine. |
| Punishment (Death Sentence) | Imprisonment for life, or up to 10 years, and a fine. |
| Cognizable or Not? | Cognizable: Police can arrest without a warrant. |
| Bailable or Not? | Bailable (general case), Non-bailable (for serious offenses). |
| Court Jurisdiction | Any Magistrate (general case), Magistrate of the first class (for serious offenses), Court of Session (for death sentence). |
Why is This Law Important?
- Ensures Lawful Apprehension: It discourages individuals from obstructing the lawful apprehension of others.
- 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 helping others escape or attempting to escape from lawful detention.
Examples of Offenses Under Section 263
- Example 1: A person physically obstructs a police officer from arresting a friend charged with theft.
- Example 2: An individual helps a prisoner escape from jail who is serving a sentence for a crime punishable with life imprisonment.
- Example 3: A group of people attempts to rescue a person under a death sentence from lawful custody.
Conclusion
Section 263 of the BNS is a crucial provision to ensure that individuals do not obstruct the lawful apprehension of others or help them escape from custody. Such actions are punishable offenses, and the penalty varies based on the severity of the original offense. Always act responsibly and within the bounds of the law.
