BNS Section 263

BNS Section 263: Resistance or obstruction to lawful apprehension of another person

Equivalent Legacy Law: IPC Section 225

💡 Simplified Explanation

BNS Section 263 defines the rules, regulations, and penalties regarding: "resistance or obstruction to lawful apprehension of another person". This section is part of the updated criminal code of India (BNS, 2023) which modernized the legal framework.

Real-World Scenario

"If an individual is found violating the provisions regarding resistance or obstruction to lawful apprehension of another person as defined under this Section, they will be charged under BNS Section 263 instead of the old IPC sections."

⚖️ Procedural Classification Summary

Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody

Bailable: Bailable (Bail is a legal right — granted at police station)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Any Magistrate
Punishment: Imprisonment for 2 years, or fine, or both

If charged with an offence punishable with imprisonment for life or imprisonment for 10 years

Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 3 years and fine

If charged with offence punishable with death

Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 7 years and fine

If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards

Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Magistrate of the first class
Punishment: Imprisonment for 7 years and fine

If under sentence of death

Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Court of Session
Punishment: Imprisonment for life, or imprisonment for 10 years and fine

📜 Official Statutory Provision

Section is reorganized in form of clauses (a), (b) and (c).
Bail Status Guide Is Section 263 Bailable? → Sentencing Guide Jail Term & Fine Details →