BNS Section 263: Resistance or Obstruction to Lawful Apprehension of Another Person
The Bharatiya Nyaya Sanhita (BNS), 2023 introduces many key updates to India’s criminal laws. One such important provision is Section 263. It focuses on a very specific situation—when someone tries to stop the police from arresting another person.
Let’s understand this section in plain, easy language with examples and case laws.
What is BNS Section 263?
Here’s the bare text of the law:
“Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of another person for an offence, or rescues or attempts to rescue such person from lawful custody, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
In Simple Words
This means if you try to stop the police from arresting someone else, or if you help someone escape from legal custody, you can be punished.
Whether you physically block the officers, mislead them, or help the accused run away—this law covers it all.
Why This Law Matters
In many real-life cases, friends or family members of the accused try to protect them during arrest. Some even try to fight or argue with police. But doing so harms the process of justice.
BNS Section 263 exists to protect the law’s working. It ensures that no one gets in the way when police try to do their duty.
Key Ingredients of the Offence
To be punished under this section, three things must be proven:
- The person resisted or obstructed intentionally.
- The person who was being arrested had committed an offence.
- The arrest was lawful.
If all these conditions are met, the act becomes punishable under BNS Section 263.
Relevant Case Laws
In the case of State of Rajasthan v. Ram Kailash, the Supreme Court ruled that family members who resisted a lawful arrest were equally guilty. Their actions delayed justice and supported criminal activity.
In R v. Self, a UK case often referred to in Indian courts, a man was convicted for helping his friend escape arrest. The judgment reinforced that interference with police work is a serious offence.
In Ravindra v. State of Maharashtra, a group of people tried to free an accused from police custody. The Bombay High Court made it clear—such behavior cannot be tolerated in a lawful society.
These cases make one thing clear: courts take resistance to lawful apprehension very seriously.
Difference Between Section 262 and Section 263
People often confuse the two. Here’s the difference:
Section 262 applies when a person resists his own arrest.
Section 263 applies when someone resists or obstructs the arrest of another person.
Both are designed to ensure arrests happen smoothly and legally.
Short Note on BNS Section 263
Title: Resistance or obstruction to lawful apprehension of another person
Punishment: Imprisonment up to 2 years, or fine, or both
Nature of Offence: Bailable, non-cognizable
Triable By: Any Magistrate
Key Focus: Arrest must be lawful and resistance must be intentional
Example to Understand
Let’s say the police arrive at Ravi’s house to arrest his friend Mohan for a theft case. Ravi blocks the gate, argues with police, and even helps Mohan climb out the back and escape.
Here, Ravi is not the accused—but his actions directly interfered with a lawful arrest. He would be booked under BNS Section 263.
Important Things to Remember
You may feel emotionally attached to the person being arrested. But helping them avoid arrest is a punishable offence.
If you believe the arrest is unfair or illegal, the right step is to approach a lawyer or court—not to physically block or resist the police.
Legal Nature of the Offence
As per the classification of offences:
Cognizable: No
Bailable: Yes
Triable by: Any Magistrate
So, the police need permission from the court to arrest you under this section. Bail is usually granted, but punishment can still follow if the offence is proven.
How to Stay Lawful
If police arrive to arrest someone, do not interfere. Observe, record if necessary, and contact a lawyer.
Avoid physical involvement or helping the accused escape. It only adds more legal trouble for everyone involved.
Conclusion
BNS Section 263 ensures that the process of justice remains smooth and uninfluenced. It punishes those who think they can stop or delay a lawful arrest.
Whether it’s out of love, fear, or loyalty—interfering with an arrest harms the rule of law. Instead of helping the accused, it often results in more problems for both the helper and the person being arrested.
Respecting the law is the first step toward getting justice. Let the legal process do its work.
Disclaimer
This article is for general informational purposes only. It does not provide legal advice. For any specific case or issue, please consult a licensed legal professional.
