Bharatiya Nyaya Sanhita, 2023
Section 263 BNS: Resistance or Obstruction to Lawful Apprehension of Another Person
Section 263 of the Bharatiya Nyaya Sanhita, 2023 deals with intentional resistance or illegal obstruction to the lawful apprehension of another person, and with rescuing or attempting to rescue another person from lawful custody. The punishment increases according to the seriousness of the offence for which that other person is liable to be apprehended or detained.
Text of Section 263 BNS
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.
Meaning and Scope of Section 263
Section 263 applies to conduct directed at preventing the lawful apprehension of another person, or freeing or attempting to free another person from lawful custody. It is therefore different from Section 262 BNS, which concerns resistance to a person's own lawful apprehension or escape from his own lawful custody.
The section uses the words "intentionally offers any resistance or illegal obstruction". Accordingly, intentional conduct is an express ingredient where the allegation concerns resistance or obstruction. The apprehension or custody must also be lawful and must relate to an offence.
The provision separately covers rescue and attempted rescue. An attempted rescue need not succeed before the section can become relevant, provided the statutory requirements are otherwise established.
Essential Ingredients of the Offence
The principal elements reflected in Section 263 are:
- the apprehension of another person must be lawful and must be for an offence; or that person must be lawfully detained in custody for an offence;
- the accused intentionally resists or illegally obstructs the lawful apprehension of that other person; or
- the accused rescues or attempts to rescue that other person from lawful custody;
- the applicable punishment depends on the underlying offence, sentence or legal liability of the person being apprehended or rescued.
Punishment Under Clauses (a) to (e)
| Clause | Circumstance | Punishment |
|---|---|---|
| (a) | General case of resistance, illegal obstruction, rescue or attempted rescue | Imprisonment up to 2 years, or fine, or both |
| (b) | The other person is charged with or liable to apprehension for an offence punishable with imprisonment for life or imprisonment up to 10 years | Imprisonment up to 3 years and fine |
| (c) | The other person is charged with or liable to apprehension for an offence punishable with death | Imprisonment up to 7 years and fine |
| (d) | The other person is under a Court sentence, or commuted sentence, of imprisonment for life or imprisonment for 10 years or upwards | Imprisonment up to 7 years and fine |
| (e) | The other person is under sentence of death | Imprisonment for life, or imprisonment up to 10 years, and fine |
Procedural Classification Under the BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 contains the procedural classification of BNS offences in its First Schedule, including whether an offence is cognizable or non-cognizable, bailable or non-bailable, and the Court competent to try it.
Because Section 263 contains five separate punishment clauses linked to different underlying offences or sentences, the applicable procedural position should be checked against the relevant clause in the current First Schedule before relying on a classification in a particular case.
Section 263 BNS and the Earlier IPC Provision
The subject matter of Section 263 BNS corresponds broadly to the earlier offence contained in Section 225 of the Indian Penal Code, 1860, concerning resistance or obstruction to the lawful apprehension of another person and rescue from lawful custody. For conduct governed by the BNS after its commencement, Section 263 BNS is the current statutory reference.
Official Legal Resources
For authoritative statutory text and the current procedural schedule, consult India Code and the Ministry of Home Affairs criminal-law resources linked in the right sidebar.
Last reviewed: 9 September 2026.