Section 262 BNS: Resistance or obstruction by a person to his lawful apprehension

Bharatiya Nyaya Sanhita, 2023

Section 262 BNS at a Glance

Section 262 BNS deals with resistance or obstruction by a person to his lawful apprehension. It is bailable and cognizable, triable by any Magistrate; it replaced Section 224 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to two years, awarded in addition to the punishment for the underlying offence.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 224 →

Section 262 BNS Bare Act Text

262. Resistance or obstruction by a person to his lawful apprehension

Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation

The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.

Source: Section 262, Bharatiya Nyaya Sanhita, 2023

Section 262 BNS in Simple Words

Section 262 of the Bharatiya Nyaya Sanhita (BNS) deals with a person who intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or who escapes or attempts to escape from any custody in which he is lawfully detained for any such offence.

This provision protects lawful arrest and detention from being defeated by the accused or convict himself. There must be a lawful apprehension or lawful detention for an offence charged or convicted, coupled with intentional resistance, illegal obstruction, escape, or attempted escape.

The offence is punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the Explanation, this punishment is in addition to the punishment for the underlying offence with which the person was charged or of which he was convicted.

Ingredients of Section 262 BNS

  • Lawful apprehension or detention of a person charged with or convicted of an offence
  • Intentional resistance or illegal obstruction to that apprehension
  • Escape or attempted escape from such lawful custody
  • Punishment in addition to that for the offence charged or convicted

Punishment Under Section 262 BNS

Imprisonment

Imprisonment of either description for a term which may extend to two years, awarded in addition to the punishment for the underlying offence.

Fine

Fine is an optional alternative to imprisonment, or may be imposed in addition to imprisonment.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Resisting or obstructing lawful apprehension or escaping from lawful custody carries imprisonment of either description for up to two years, or fine, or both, in addition to the punishment for the offence with which the person was charged or of which he was convicted.

Example of Section 262 BNS

Karthik is convicted in a theft case in Jodhpur and is being escorted in lawful custody to the lock-up. He intentionally breaks away from the police escort and runs toward the market gate before being caught. Karthik is liable under Section 262 BNS.

When Section 262 BNS Does Not Apply

  • The apprehension or detention was not lawful
  • The accused did not intentionally offer resistance or illegal obstruction to his own apprehension, and did not escape or attempt to escape from the custody
  • The person had not been charged with or convicted of an offence and was not detained for an offence

Section 262 BNS in the IPC (Previous Law)

Section 262 BNS replaces Section 224 IPC from the old criminal code.

Section 224 IPC is now Section 262 BNS. The text, legal elements, Explanation on additional punishment, and penalty of imprisonment up to two years or fine or both remain completely identical under the new Sanhita.

View IPC Section 224 →

FAQs on Section 262 BNS

What does Section 262 BNS punish?▼

It punishes a person who intentionally resists or illegally obstructs his own lawful apprehension for an offence with which he is charged or convicted, or who escapes or attempts to escape from lawful custody in which he is detained for such an offence.

Under Section 262 BNS, can a person be charged if he runs away from police custody or lawful arrest?▼

Yes, if the person is being lawfully apprehended for an offence with which he is charged or convicted and intentionally resists or obstructs that arrest, or escapes or attempts to escape from lawful custody for that offence, Section 262 BNS applies.

What is the punishment under Section 262 BNS?▼

The maximum punishment under Section 262 BNS is imprisonment of either description for up to two years, or fine, or both.

Is the punishment under Section 262 BNS added to the punishment for the main offence?▼

Yes. The Explanation to Section 262 BNS states that the punishment under this section is in addition to the punishment for which the person was liable for the offence with which he was charged or of which he was convicted.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·