Section 262 of the Bharatiya Nyaya Sanhita (BNS), enacted in 2023, addresses the issue of resistance or obstruction to lawful apprehension by authorities. This section is significant as it outlines the legal consequences for individuals who resist arrest or attempt to escape from custody.
Key Provisions
- Definition of Offense: The section states that any person who intentionally offers resistance or illegal obstruction to their lawful apprehension for an offense they are charged with or have been convicted of is committing an offense. This includes actions such as:
- Physically resisting arrest.
- Providing false information to evade capture.
- Attempting to escape from lawful custody.
- Punishment: The penalties for violating this section include:
- Imprisonment for a term that may extend to two years.
- A fine, or both imprisonment and fine.
- Explanation Clause: The punishment under this section is additional to any penalties that the person may face for the original offense they are charged with or convicted of. This means that if a person is charged with theft and then resists arrest, they could face penalties for both theft and resisting arrest under Section 262.
Legal Classification
- Cognizability: The offense is classified as cognizable, meaning law enforcement can arrest without a warrant.
- Bailability: It is categorized as bailable, allowing the accused the option to secure bail.
- Trial Court: Cases under this section are triable in any Magistrate’s Court.
Comparison with Indian Penal Code (IPC)
Section 262 of the BNS corresponds directly with Section 224 of the Indian Penal Code (IPC), which deals with similar offenses related to resistance against lawful apprehension. Both sections stipulate comparable punishments and conditions, reflecting continuity in legal principles while updating terminology and context within the new framework of the BNS.
Conclusion
Section 262 of the Bharatiya Nyaya Sanhita, 2023 serves as a critical legal provision aimed at maintaining order and facilitating law enforcement procedures by imposing penalties on individuals who obstruct their lawful apprehension. This section underscores the importance of compliance with legal processes and reinforces accountability within the justice system.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
