Section 263 BNS: Resistance or obstruction to lawful apprehension of another person
Bharatiya Nyaya Sanhita, 2023
Section 263 BNS at a Glance
Section 263 BNS deals with resistance or obstruction to lawful apprehension of another person. It is cognizable; it replaced Section 225 IPC on 1 July 2024.
Imprisonment of either description for up to two years in the ordinary case; up to three years if the person was charged with an offence carrying life or ten years; up to seven years if charged with a capital offence or sentenced to life or ten years or more; and imprisonment for life or up to ten years if the person was under sentence of death.
Section 263 BNS Bare Act Text
263. Resistance or obstruction to lawful apprehension of another person
Whoever, intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence,—
(a) shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or
(b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or
(c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or
(d) if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or
(e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Source: Section 263, Bharatiya Nyaya Sanhita, 2023
Section 263 BNS in Simple Words
Section 263 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who resists or obstructs a lawful arrest, or helps another person escape from lawful arrest. The law applies when the arrest is legally made or legally attempted by a public servant, such as a police officer, and someone intentionally interferes with that process. This section matters because the law expects people to allow lawful arrest to take place without interference.
If someone blocks the police, hides the accused, creates a physical barrier, or otherwise helps the person avoid arrest, they can be punished under this provision. In practice, the section protects the authority of law enforcement and ensures that a valid arrest is not frustrated by outside help. It is not meant for situations where the arrest itself is illegal or without authority.
Ingredients of Section 263 BNS
- Lawful apprehension of another person for an offence or lawful detention in custody for an offence
- Intentional resistance or illegal obstruction to that apprehension, or rescue or attempted rescue from custody
- Five-tier punishment scale based on whether the person is facing an ordinary charge, ten-year imprisonment, death penalty, or has received a sentence of life imprisonment or death
Punishment Under Section 263 BNS
Imprisonment of either description for up to two years in the ordinary case; up to three years if the person was charged with an offence carrying life or ten years; up to seven years if charged with a capital offence or sentenced to life or ten years or more; and imprisonment for life or up to ten years if the person was under sentence of death.
In the ordinary case the court may impose imprisonment, or fine, or both; in the aggravated tiers the offender is also liable to fine in addition to imprisonment.
- Bailable: Bailable in the ordinary case; non-bailable if the person is charged with or sentenced to capital punishment, imprisonment for life, or imprisonment for ten years or upwards
Resisting the lawful apprehension of another person or rescuing him from lawful custody carries imprisonment of either description for up to two years, or fine, or both, in the ordinary case. The punishment rises by tier to imprisonment for life or up to ten years, and liability to fine, where the person is under sentence of death.
Example of Section 263 BNS
When Section 263 BNS Does Not Apply
- The apprehension or the custody was not lawful
- The apprehension or the custody was not for an offence
- The accused did not intentionally offer resistance or illegal obstruction to the apprehension of the other person, and did not rescue or attempt to rescue him from the custody
Section 263 BNS in the IPC (Previous Law)
Section 263 BNS replaces Section 225 IPC from the old criminal code.
Section 225 IPC is now Section 263 BNS. The BNS arranges the five punishment tiers into lettered clauses a to e, and substitutes Court for Court of Justice in clause d, maintaining identical statutory elements and penalties.
View IPC Section 225 →FAQs on Section 263 BNS
Under Section 263 BNS, can I be punished if I only verbally object to an arrest?▼
Mere protest or criticism is not enough by itself. The prosecution must show actual resistance or obstruction to a lawful arrest. If words are used to incite interference or help someone escape, liability can arise.
Does Section 263 BNS apply if the police arrest is illegal?▼
No, this provision is meant for lawful arrest or lawful attempt to arrest. If the arrest itself is without authority, this section normally will not apply. The legality of the arrest is a key issue.
Under Section 263 BNS, can a family member be booked for helping someone hide from police?▼
Yes, if the conduct amounts to intentional obstruction of a lawful arrest or helping the person escape. Simple presence is not enough. The police must show active assistance or obstruction.
Is the offence under Section 263 BNS bailable?▼
Yes, it is generally a bailable offence. That means the accused can usually seek bail as a matter of right, subject to the court's process and conditions.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·