Section 263 BNS: Resistance or Obstruction to Lawful Apprehension or Rescuing Person (Formerly Section 225 IPC)

Section 263 of Bharatiya Nyaya Sanhita: Resistance or Obstruction to Lawful Apprehension or Rescuing Person

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 263

Section 263 punishes offering resistance or illegal obstruction to the lawful apprehension of another person, or rescuing or attempting to rescue any other person from lawful custody.

Custody of Another: A third person is lawfully detained or being apprehended by a public officer.
Overt Resistance or Rescue: Physically attacking the police party, snatching the detainee, or breaking lockup doors.
Intentional Act: Done with conscious intention to free the prisoner from custody.

Key Landmark Precedents:

Durgacharan Naik v. State of Orissa AIR 1966 SC 1775: The Supreme Court held that mob attacks on police escorts to liberate undertrial prisoners are serious offences undermining public order.
Babulal v. State of U.P. (1994) 1 SCC 688: Reaffirmed that rescuing arrested gangsters from police vehicles attracts deterrent sentences under these provisions.

Courtroom Practice & Strategic Litigation Guidance:

Inspect police vehicle damage panchnamas, wireless call logs, and hospital medico-legal reports of injured escort personnel to substantiate or refute the rescue allegations.

Section 263: Resistance or Obstruction to Lawful Apprehension or Rescuing Person

Section 263 of Bharatiya Nyaya Sanhita: Resistance or Obstruction to Lawful Apprehension or Rescuing Person

Legal Commentary & Landmark Judgments: Section 263