BNS Section 265 – Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
The Indian Penal Code (IPC) Section – 225B
Understanding BNS Section 265: Resistance or Obstruction to Lawful Apprehension, Escape, or Rescue in Cases Not Otherwise Provided For
The legal system relies on the lawful apprehension and detention of individuals. When someone intentionally resists arrest, obstructs lawful apprehension, escapes from custody, or rescues someone from custody in cases not covered by specific sections, it undermines the rule of law. Section 265 of the Bharatiya Nyaya Sanhita (BNS) addresses this issue. Let’s break it down in simple terms.
What Does Section 265 Say?
Section 265 deals with the act of intentionally resisting or obstructing lawful apprehension, escaping from custody, or rescuing someone from custody in cases not covered by Sections 260, 261, or any other law. Here’s what the law states:
- Offense: If a person:
- Intentionally resists or illegally obstructs their own or another person’s lawful apprehension, or
- Escapes or attempts to escape from lawful custody, or
- Rescues or attempts to rescue another person from lawful custody,
in cases not covered by specific sections or laws, they commit an offense.
- Punishment: The punishment for this offense can include:
- Imprisonment for up to 6 months,
- A fine, or
- Both imprisonment and fine.
Key Points to Understand
| Aspect | Details |
|---|---|
| What is the Offense? | Intentionally resisting or obstructing lawful apprehension, escaping from custody, or rescuing someone from custody in cases not covered by specific sections. |
| Punishment | Up to 6 months 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 in cases not covered by specific sections.
- Maintains Order in the Legal System: It ensures that individuals do not escape or attempt to escape from lawful custody.
- Prevents Unlawful Rescues: It deters individuals from rescuing or attempting to rescue others from lawful detention.
Examples of Offenses Under Section 265
- Example 1: A person resists arrest by a police officer in a case not covered by specific sections.
- Example 2: An individual attempts to escape from police custody in a situation not addressed by other laws.
- Example 3: A group of people tries to rescue a detainee from lawful custody in a case not covered by specific sections.
Conclusion
Section 265 of the BNS is a crucial provision to ensure that individuals do not resist lawful apprehension, escape from custody, or rescue others from custody in cases not covered by specific sections or laws. Such actions are punishable offenses. Always act responsibly and within the bounds of the law.
