Section 265 BNS: Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for

Bharatiya Nyaya Sanhita, 2023

Section 265 BNS at a Glance

Section 265 BNS deals with resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. It is bailable and cognizable, triable by any Magistrate; it replaced Section 225B IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to six months.

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

Section 225B →

Section 265 BNS Bare Act Text

265. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for

Whoever, in any case not provided for in section 262 or section 263 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Source: Section 265, Bharatiya Nyaya Sanhita, 2023

Section 265 BNS in Simple Words

Section 265 BNS deals with interference in a lawful apprehension, escape, or rescue when the act does not fall under Section 262 BNS, Section 263 BNS, or any other law in force. It covers intentionally offering resistance or illegal obstruction to the lawful apprehension of oneself or another person, escaping or attempting to escape from lawful custody, or rescuing or attempting to rescue another person from lawful custody. The section fills gaps where the law punishes interference with lawful custody or apprehension, but no other specific section applies.

In practice, it matters in situations involving lawful arrests, court orders, or detention under legal authority. The law treats such conduct seriously because it can defeat lawful enforcement, delay proceedings, and put officers or the public at risk. The focus is on intentional resistance, obstruction, escape, or rescue from lawful custody.

Ingredients of Section 265 BNS

  • Lawful apprehension or custody of oneself or another person
  • Residual application to cases not provided for under Section 262 BNS, Section 263 BNS, or any other law in force
  • Intentional resistance, illegal obstruction, escape, or rescue

Punishment Under Section 265 BNS

Imprisonment

Imprisonment of either description for a term which may extend to six months.

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, escaping from custody, or rescuing another in residual cases carries imprisonment of either description for up to six months, or fine, or both.

Example of Section 265 BNS

While police officers are executing a lawful civil arrest warrant against Priya in execution of a civil court decree, Aditya intentionally blocks the doorway and pushes the officers aside to allow Priya to run away. Priya is not being apprehended for an offence, so Section 263 BNS does not apply, and Aditya is liable under Section 265 BNS.

When Section 265 BNS Does Not Apply

  • The apprehension or the custody was not lawful
  • The case is provided for in Section 262 BNS, Section 263 BNS or another law for the time being in force
  • The accused did not intentionally offer resistance or illegal obstruction, did not escape or attempt to escape, and did not rescue or attempt to rescue anyone

Section 265 BNS in the IPC (Previous Law)

Section 265 BNS replaces Section 225B IPC from the old criminal code.

Section 225B IPC is now Section 265 BNS. The cross-references are updated from Section 224 IPC and Section 225 IPC to Section 262 BNS and Section 263 BNS, and the comma after apprehension in the title is omitted, while substantive elements and penalties remain identical.

View IPC Section 225B →

FAQs on Section 265 BNS

What kind of conduct does Section 265 BNS punish?▼

It punishes intentionally resisting or illegally obstructing the lawful apprehension of oneself or another person, escaping or attempting to escape from lawful custody, or rescuing or attempting to rescue another person from lawful custody, in cases not provided for in Section 262 BNS, Section 263 BNS, or any other law in force.

Is Section 265 BNS meant only for police-related situations?▼

No. It can apply in any lawful apprehension or custody situation, not just police arrests for criminal offences. The key point is whether the interference is with a lawful apprehension or lawful detention.

Is the offence under Section 265 BNS serious in terms of punishment?▼

It is a relatively minor offence under the BNS. The punishment is imprisonment of either description for a term which may extend to six months, or fine, or both.

What is the present law for the offence under Section 265 BNS?▼

Section 265 BNS of the Bharatiya Nyaya Sanhita, 2023 is the current law in force for this offence.

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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 ·