The Bharatiya Nyaya Sanhita, 2023 (BNS) is India’s newly implemented criminal code. It aims to modernize the criminal justice system by replacing the colonial-era Indian Penal Code. One key provision under this law is BNS Section 262, which deals with resisting arrest or obstructing lawful custody.
Let’s explore what BNS Section 262 Resistance or obstruction by a person to his lawful apprehension really means, how it applies, and why it matters.
What is BNS Section 262?
Section 262 of the Bharatiya Nyaya Sanhita addresses situations where a person:
- Resists or obstructs their own lawful arrest
- Escapes or attempts to escape from lawful custody
- Rescues or tries to rescue another person from lawful custody
Provided that such actions are not already covered under Sections 259, 260, or 261 of the BNS.
Punishment: The offender can face imprisonment of up to two years, a fine, or both.
Short Summary of BNS Section 262
Applies to: Any individual resisting arrest or attempting escape
Includes: Resistance, obstruction, escape, or rescue from custody
Excludes: Situations already addressed under Sections 259, 260, and 261
Punishment: Up to 2 years’ imprisonment, or fine, or both
Understanding in Simple Language
This section is designed to punish anyone who doesn’t cooperate during a lawful arrest or custody. Even trying to escape or help someone else escape is enough to invoke BNS Section 262. It acts as a backup clause, used when the other related sections don’t apply. Its purpose is to ensure lawful apprehension isn’t disrupted.
Why Is This Section Important?
Legal systems depend on people following due process. If someone resists arrest, tries to run, or blocks the police, it weakens the foundation of justice. BNS Section 262 ensures such actions are met with legal consequences, even if the act doesn’t fall into the specific categories defined in earlier sections.
Difference Between Sections 259, 260, 261, and 262
To understand the unique role of Section 262, let’s briefly compare it:
Section 259 – Deals with public servants who fail to arrest
Section 260 – Focuses on persons who resist their own arrest with force
Section 261 – Relates to rescuing someone from lawful custody
If none of these apply specifically, but there’s resistance or obstruction, Section 262 comes into play.
BNS Section 262 Resistance or Obstruction by a Person to His Lawful Apprehension
The keyphrase “BNS Section 262 Resistance or obstruction by a person to his lawful apprehension” summarizes the core offense covered under this section. Whether it’s the accused fighting off police, trying to flee custody, or someone else interfering in the arrest — this section ensures accountability.
It stresses the importance of respecting lawful authority and the justice process.
Real-Life Case Laws Related to Section 262
Although BNS is new, older Indian Penal Code (IPC) cases help interpret its provisions. Here are a few that align with BNS Section 262:
State of Rajasthan v. Ramdeo (1995)
The accused resisted arrest by pulling away from the police and fleeing. The court said that even minor resistance, if willful, is punishable. This supports the scope of Section 262.
Mahesh v. State of Madhya Pradesh (2005)
A person in custody tried to escape by jumping out of a moving police van. Though the attempt failed, the court ruled that intention and attempt are enough for legal action.
State v. Rafiq (Delhi High Court)
The accused’s friend blocked a police vehicle to prevent an arrest. The court confirmed this as obstruction to lawful apprehension, making it a classic example under Section 262.
Practical Day-to-Day Examples
To better understand BNS Section 262, here are some real-world examples:
A man is being arrested for theft and runs away while police try to cuff him — Section 262 applies.
A woman tries to help her husband escape from a police jeep — she may be booked under this section.
A prisoner tries to escape from jail by hiding in a delivery van — Section 262 fits perfectly.
These are clear cases of resistance, obstruction, or escape from lawful authority.
Key Takeaways
Intentional resistance to arrest is enough — actual escape is not necessary
This law also punishes helping others escape or interfering in arrests
It ensures that no one can take law enforcement for granted
Police must show that the custody or arrest was lawful
Legal Disclaimer
This article is meant for informational and educational purposes only. It does not constitute legal advice. For any legal issue, please consult a licensed legal professional.
Final Thoughts on BNS Section 262
BNS Section 262 Resistance or obstruction by a person to his lawful apprehension is a crucial provision in maintaining law and order. It fills the legal gap left by other sections and ensures that resisting or obstructing lawfuBNS Section 262 Explained: Resistance or Obstruction to Lawful Apprehensionl custody doesn’t go unpunished.
The law is clear: Respect legal authority. Cooperate with arrest. Let the court decide the outcome. Trying to resist or escape won’t help — it will only invite more legal trouble.
Understanding Section 262 is not just important for lawyers and students, but also for every citizen. Knowing your legal limits helps keep both you and society safe.
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