BNS Section 263: Resistance or obstruction to lawful apprehension of another person
Equivalent Legacy Law: IPC Section 225
Procedural Classification Summary
Resistance or obstruction
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,to the lawful apprehension or fine, or both. of any person, or rescuing him from lawful custody. 263(b) If charged with an offenceImprisonment for 3 yearspunishable with imprison-and fine.class. ment for life or imprison- ment for 10 years
If charged with offence
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 yearspunishable with death.and fine.class
If the person is sentenced
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 yearsto imprisonment for life,and fine.class. or imprisonment for 10 years, or upwards
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, orimprisonment for 10 years and fine
Official Legal Provision / Summary
Section is reorganized in form of clauses (a), (b) and (c).