Bharatiya Nyaya Sanhita, 2023
Section 262 BNS: Resistance or Obstruction by a Person to His Lawful Apprehension
Section 262 of the Bharatiya Nyaya Sanhita, 2023 deals with a person who intentionally resists or illegally obstructs his own lawful apprehension for an offence, or escapes or attempts to escape from lawful custody. The provision has been in force from 1 July 2024.
Text of Section 262 BNS
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.
Meaning and Scope of Section 262
The section protects the lawful process of apprehension and custody. It applies where the person concerned intentionally resists or illegally obstructs his own lawful apprehension, or escapes or attempts to escape from custody in which he is lawfully detained for an offence.
The words "lawful apprehension" and "lawfully detained" are important. The prosecution must establish that the apprehension or custody was authorized by law and related to an offence with which the person was charged or of which the person had been convicted.
The section also requires intentional conduct in the case of resistance or illegal obstruction. Accidental, involuntary, or purely incidental conduct does not by itself satisfy the statutory language requiring intentional resistance or obstruction.
Essential Ingredients of the Offence
For Section 262 to apply, the facts should establish one of the forms of conduct described by the provision. In practical terms, the principal elements are:
- there is a lawful apprehension of the person for an offence with which the person is charged or of which the person has been convicted;
- the person intentionally offers resistance or illegal obstruction to that lawful apprehension; or
- the person is already in lawful custody for such an offence and escapes or attempts to escape from that custody.
Punishment, Cognizability, Bail and Trial Court
| Particular | Position under the current law |
|---|---|
| Maximum punishment | Imprisonment of either description up to 2 years, or fine, or both |
| Cognizable / non-cognizable | Cognizable |
| Bailable / non-bailable | Bailable |
| Court competent to try | Any Magistrate |
These procedural classifications are stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 262 BNS and the Earlier IPC Provision
Section 262 BNS substantially carries forward the subject previously dealt with by Section 224 of the Indian Penal Code, 1860: resistance or obstruction by a person to his own lawful apprehension, or escape or attempted escape from lawful custody. For conduct governed by the BNS after its commencement, the current statutory reference is Section 262 BNS.
Official Legal Resources
For the authoritative statutory text and current criminal-law materials, consult the official Government of India resources listed in the right sidebar.
Last reviewed: 9 September 2026.