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Section 262: Resistance or Obstruction by Person to Lawful Apprehension

Bharatiya Nyaya Sanhita • Chapter XII: Of Contempts of Lawful Authority of Public Servants • Official Statutory Text & Legal Guide

Chapter XII: Of Contempts of Lawful Authority of Public Servants
Any Magistrate
Bailable
Cognizable
Formerly Sec 224 IPC
Section 261 All 358 Sections of Bharatiya Nyaya Sanhita Section 263

Legal Commentary & Landmark Judgments: Section 262

Section 262 penalises any person who intentionally offers any resistance or illegal obstruction to the lawful apprehension of themselves for any offence with which they are charged or convicted.

  • Lawful Apprehension: Police or public officer attempting to arrest the accused under a valid warrant or statutory power.
  • Knowledge: The accused knows that the officer is arresting them for an offence.
  • Resistance or Escape: Physically resisting, fighting off, or escaping from lawful custody.
Key Landmark Precedents:
  • State of Karnataka v. K.A. Kunchindammed (2002) 9 SCC 90: The Supreme Court affirmed that violent physical resistance to lawful police arrest is an independent penal offence.
  • Emperor v. Lachhu AIR 1928 Pat 566: Held that if the arrest is illegal or without authority of law, offering reasonable resistance to maintain personal liberty does not constitute an offence.
Courtroom Practice & Strategic Litigation Guidance:

Examine the validity of the arrest under Section 35 BNSS. If the officer lacked a warrant in a non-cognizable case or failed to communicate grounds of arrest under Section 47 BNSS, the arrest is unlawful.

Section 261 All 358 Sections of Bharatiya Nyaya Sanhita Section 263