The Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code after over 160 years. One of its key provisions, BNS Section 265, deals with acts that obstruct justice but are not specifically covered under other sections.
Let’s break it down in simple terms.
BNS Section 265 punishes those who resist arrest, obstruct public servants, or help someone escape from custody—when such acts are not already covered under Sections 262 to 264.
It works as a residual clause, closing any loopholes.
Here’s what Section 265 of the Bharatiya Nyaya Sanhita, 2023 states:
“Whoever, in any case not provided for in sections 262, 263 or 264—
(a) knowingly obstructs any public servant in the discharge of his public functions; or
(b) resists or obstructs the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted; or
(c) rescues or attempts to rescue any other person from any such lawful apprehension; or
(d) aids the escape of, or harbours or conceals, any person who has been lawfully apprehended or convicted,
shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”
Simple Breakdown
Let’s understand it in easier terms.
If a person blocks a public servant from doing their duty, resists their own arrest, helps someone else escape from arrest, or hides or shelters someone who has been caught, then they can be punished. But only if their act isn’t already covered under Sections 262 to 264.
This is why BNS Section 265 is a kind of backup rule. It fills in any gaps.
Real-Life Example for BNS Section 265
Imagine this:
Police go to arrest Rohan for a local theft. He fights back and runs. His friend hides him in his house for a week.
Now, if the specific actions don’t fall under Section 262, 263, or 264, then both Rohan and his friend can be charged under BNS Section 265.
BNS Section 265 Case Laws That Connect
While BNS 2023 is new, similar cases under the Indian Penal Code (IPC Section 225, 225A, 225B) help us understand how courts treated such situations.
1. State of Rajasthan v. Ram Kailash (AIR 1984 Raj 98)
In this case, the accused helped his brother escape after being arrested. The court held him responsible for obstructing justice, even though he wasn’t the main offender.
2. State v. K. K. Sinha (1992 CriLJ 2209)
Here, an official was attacked while arresting a person. The attacker was punished for obstructing a public servant, showing how seriously the courts view such resistance.
These judgments, although under the IPC, still guide courts under BNS Section 265.
Why This Section Matters
Law enforcement cannot function properly if people are allowed to resist arrest, obstruct police work, or help criminals escape.
BNS Section 265 ensures even “uncategorized” acts are covered.
It strengthens justice and makes sure no one escapes punishment due to a legal technicality.
Punishment Under BNS Section 265
The punishment for violating this section is:
Imprisonment up to 2 years, or
Fine, or
Both
The judge has discretion. The nature of the act and the role of the accused matter.
For example, physically attacking a police officer during arrest may attract jail time. But silently sheltering someone may invite a fine or short term.
Difference from Sections 262 to 264
You might wonder, “Isn’t this already covered elsewhere?”
Great question.
Here’s the difference:
Section 262 – When a person resists their own arrest
Section 263 – When someone resists or obstructs someone else’s arrest
Section 264 – When a public servant fails to act
Section 265 – Covers what’s left out — a catch-all for escape, rescue, or obstruction not covered in 262-264
Important Points to Remember
BNS Section 265 applies only if the act doesn’t fall under Sections 262–264.
It is designed to ensure no obstructive act goes unpunished.
It covers both self-resistance and aiding others.
Even harbouring a convicted person is enough to be charged.
Practical Takeaways
Don’t interfere with arrests, even if the person is your friend or relative.
Do not hide or shelter criminals, even temporarily.
If you’re a public servant, report all such incidents.
The law values cooperation with the justice system. Obstruction slows justice.
Legal Disclaimer
This article is for general awareness. It does not constitute legal advice.
For any legal issues or if you’re involved in such a case, consult a qualified criminal lawyer.
Conclusion
BNS Section 265 Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for plays a crucial role in India’s criminal justice system.
It ensures no act of interference with law enforcement is left out.
By understanding this section, we take a small step towards being responsible citizens who respect the rule of law.
