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BNS Section 262

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 262

Resistance or obstruction by a person to his lawful apprehension

BNS (Bharatiya Nyaya Sanhita) Section 262 deals with resistance or obstruction by a person to their lawful apprehension.
BNS (Bharatiya Nyaya Sanhita) Section 262 deals with resistance or obstruction by a person to their 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.


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Section 262, BNS
 

1. Purpose of the Law

Section 262 of the Bharatiya Nyaya Sanhita (“BNS”) was introduced to penalise any attempts by an accused suspect or criminal to either resist arrest or escape from custody upon being detained.

2. Penalties for Non-Compliance

Section 262 provides for the punishment of imprisonment of up to 2 years, or fine or even both. This punishment is in addition to the punishment for the offence in relation to which such person was arrested or detained.

3. Significance

Section 262 of the BNS aims to prevent offenders from evading the criminal justice system and the consequences of their actions, by adding an additional punishment for their attempt to resist arrest or escape from detention.


Offence : Resistance or obstruction by a person to his lawful apprehension.


Punishment : Imprisonment for 2 years, or fine, or both.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Bailable.


By what Court triable : Any Magistrate.




Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.


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