BNS Section 262- Resistance or obstruction by a person to his lawful apprehension | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 262 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
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.
Procedural Details
Punishment
Imprisonment up to Two Year(s) + Fine
Nature of Offense
Non-cognizable
Bail Eligibility
Bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Any Magistrate
Frequently Asked Questions about BNS Section 262
What is Section 262 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: 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.
What is the punishment under BNS Section262 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Two Year(s) + Fine
Is BNS Section 262 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Bailableoffense.
Is BNS Section 262 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isNon-cognizable.
Which court has the jurisdiction to try cases under BNS Section 262 ?
Cases pertaining to this specific BNS section are triable by the Any Magistrate.
Can BNS Section 262 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.