BNS 263 — Resistance or obstruction to lawful apprehension of another person.

Bharatiya Nyaya Sanhita, 2023

Statutory text

263.   Whoever,   intentionally   offers   any   resistance   or   illegal
obstruction to the lawful apprehension of any other person for an offence,
or  rescues  or  attempts  to  rescue  any  other  person  from  any  custody  in
which that person is lawfully detained for an offence,—
(a) shall be punished with  imprisonment of either description
for a term which may extend to two years, or with fine, or with both;
or
(b) if the person to be apprehended, or the person rescued or
attempted to be rescued, is charged with or liable to be apprehended
for an offence punishable with imprisonment for life or imprisonment
for  a  term  which  may  extend  to  ten  years,  shall  be  punished  with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine; or
(c) if the person to be apprehended or rescued, or attempted
to  be  rescued,  is  charged  with  or  liable  to  be  apprehended  for  an
offence punishable with death, shall be punished with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine; or
(d) if the person to be apprehended or rescued, or attempted
to be rescued, is liable under the sentence of a Court or by virtue of
a  commutation  of  such  a  sentence,  to  imprisonment  for  life,  or
imprisonment for a term of ten years or upwards, shall be punished
with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine; or
(e)  if   the   person   to   be   apprehended   or   rescued,   or
attempted  to  be  rescued,  is  under  sentence  of  death,  shall  be
punished  with  imprisonment  for  life  or  imprisonment  of  either
description for a term not exceeding ten years, and shall also be liable
to fine.
 Omission to apprehend, or sufferance of escape, on part of public
servant, in cases not otherwise provided for.

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