Bharatiya Nyaya Sanhita, 2023
Section 265 BNS: Resistance or Obstruction to Lawful Apprehension, Escape or Rescue in Other Cases
Section 265 of the Bharatiya Nyaya Sanhita, 2023 is a residual provision covering intentional resistance or illegal obstruction to lawful apprehension, escape or attempted escape from lawful custody, and rescue or attempted rescue of another person from lawful custody, where the case is not otherwise covered by Section 262, Section 263, or another law in force.
Text of Section 265 BNS
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.
Meaning and Scope of Section 265
Section 265 operates as a residual offence. It applies only where the conduct is not already dealt with by Section 262 BNS, Section 263 BNS, or another law for the time being in force.
The provision covers both a person's own apprehension or custody and conduct involving another person. It therefore captures several forms of interference with lawful apprehension or custody that fall outside the more specific provisions.
The words "lawful apprehension" and "lawfully detained" are central to the section. The apprehension or custody must have legal authority. The section also expressly requires intentional conduct where the allegation is resistance or illegal obstruction.
Essential Ingredients of Section 265 BNS
The principal ingredients are:
- the case is not otherwise provided for in Section 262, Section 263, or another law in force;
- there is a lawful apprehension of the accused or another person, or lawful custody of the accused or another person;
- the accused intentionally offers resistance or illegal obstruction to lawful apprehension; or
- the accused escapes or attempts to escape from lawful custody; or
- the accused rescues or attempts to rescue another person from lawful custody.
Conduct Covered by Section 265
1. Resistance to lawful apprehension
The section may apply where a person intentionally resists or illegally obstructs the lawful apprehension of himself or another person, provided the case is not already governed by Section 262 or Section 263.
2. Escape or attempted escape from lawful custody
A person who escapes or attempts to escape from custody in which he is lawfully detained may fall within Section 265 where the case is not otherwise specifically provided for by law.
3. Rescue or attempted rescue of another person
The provision also covers rescuing or attempting to rescue another person from custody in which that person is lawfully detained, subject to the same residual limitation.
Punishment, Cognizability, Bail and Trial Court
| Particular | Position under current law |
|---|---|
| Maximum punishment | Imprisonment of either description up to 6 months, or fine, or both |
| Cognizable / non-cognizable | Cognizable |
| Bailable / non-bailable | Bailable |
| Court competent to try | Any Magistrate |
The procedural classification is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Relationship with Sections 262 and 263 BNS
Section 265 is expressly subordinate to the more specific provisions in Sections 262 and 263.
- Section 262 BNS deals with resistance or obstruction by a person to his own lawful apprehension, or escape or attempted escape from lawful custody for an offence.
- Section 263 BNS deals with resistance or obstruction to the lawful apprehension of another person, or rescue or attempted rescue of another person from lawful custody, with enhanced punishments depending on the seriousness of the underlying offence or sentence.
- Section 265 BNS applies to cases of resistance, obstruction, escape or rescue not otherwise covered by those provisions or another law.
Section 265 BNS and the Earlier IPC Provision
Section 265 BNS substantially corresponds to the earlier Section 225B of the Indian Penal Code, 1860, which dealt with resistance or obstruction to lawful apprehension, escape or rescue in cases not otherwise provided for. For conduct governed by the Bharatiya Nyaya Sanhita after its commencement, Section 265 BNS is the current statutory reference.
Official Legal Resources
For the authoritative statutory text, procedural classification and updates relating to the new criminal laws, refer to the official Government of India resources in the right sidebar.
Last reviewed: 9 September 2026.