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KembaraXtra - Bharatiya Nyaya Sanhita - Section 262: Resistance or Obstruction by a Person to His Lawful Apprehension
Introduction
Section 262 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with a person who intentionally resists or obstructs his own lawful apprehension, or escapes or attempts to escape from lawful custody, in relation to an offence with which he is charged or of which he has already been convicted.
The section therefore deals with self-resistance and self-escape.
It punishes two broad forms of conduct:
- Intentionally resisting or illegally obstructing one's own lawful apprehension; and
- Escaping or attempting to escape from lawful custody.
Basic Formula
Own lawful apprehension/custody + intentional resistance/illegal obstruction OR escape/attempt = Section 262
Q1. What does Section 262 provide?
Answer:
Section 262 applies where a person:
- Intentionally offers resistance or illegal obstruction to his own lawful apprehension for an 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 such offence.
The punishment is:
- Imprisonment of either description up to two years; or
- Fine; or
- Both.
Q2. What is the object of Section 262?
Answer:
The object is to protect the lawful process of arrest, detention and execution of criminal justice.
A person cannot lawfully frustrate the process by:
- Resisting his own lawful arrest;
- Obstructing officers from apprehending him;
- Escaping from lawful custody;
- Attempting to escape from lawful custody.
Core Principle
A person must submit to lawful apprehension and lawful custody.
Q3. Which IPC provision corresponds to Section 262 BNS?
Answer:
According to the supplied comments:
Section 262 BNS = Section 224 IPC
The language remains unchanged and the provision has been retained as it is.
Q4. Has the substance of the law changed under BNS?
Answer:
According to the supplied comments:
No.
The provision has been retained without substantive change.
Q5. What are the essential ingredients of Section 262?
Answer:
The essential ingredients are:
- The apprehension or detention must relate to the accused himself;
- The apprehension must be lawful;
- The offence must be one:
- With which the person is charged; or
- Of which he has been convicted;
- The accused must:
- Intentionally resist; or
- Intentionally offer illegal obstruction to his apprehension; or
- Escape; or
- Attempt to escape from lawful custody.
Formula
SELF + LAWFUL APPREHENSION/CUSTODY + RESIST/OBSTRUCT/ESCAPE = 262
Q6. Who can commit an offence under Section 262?
Answer:
The offender is the very person whose:
- Apprehension is being carried out; or
- Custody is being maintained.
This distinguishes Section 262 from Section 263, which concerns interference with the apprehension or custody of another person.
Q7. Does Section 262 concern apprehension of another person?
Answer:
No.
Section 262 specifically concerns:
The lawful apprehension of himself
For another person's apprehension, Section 263 is the relevant neighbouring provision.
Q8. What are the two main branches of Section 262?
Answer:
There are two principal branches:
Branch One — Resistance or obstruction
Intentional resistance or illegal obstruction to one's own lawful apprehension.
Branch Two — Escape
Escape or attempted escape from lawful custody.
Memory
RESIST ARREST
or
ESCAPE CUSTODY
Q9. What does “intentionally offers any resistance” mean?
Answer:
It means consciously and deliberately opposing one's own lawful apprehension.
The resistance must be intentional.
Q10. What does “illegal obstruction” mean?
Answer:
Illegal obstruction means unlawfully interfering with or preventing the lawful process of apprehension.
It may be broader than direct physical resistance.
Q11. Is intention essential for resistance or obstruction?
Answer:
Yes.
The section expressly uses:
“intentionally”
Therefore, accidental or inadvertent interference would not satisfy this branch.
Q12. Is negligence enough?
Answer:
No.
The resistance or obstruction must be intentional.
Mere carelessness is insufficient.
Q13. Must the apprehension be lawful?
Answer:
Yes.
The section expressly refers to:
Lawful apprehension
Lawfulness is an essential ingredient.
Q14. Why is lawfulness important?
Answer:
Because Section 262 protects the lawful exercise of criminal process.
The provision does not simply punish any resistance to any form of restraint.
The apprehension must be one authorised by law.
Q15. For what type of offence must the person be apprehended?
Answer:
The person must be apprehended for an offence:
- With which he is charged; or
- Of which he has been convicted.
Q16. Does Section 262 apply before conviction?
Answer:
Yes.
The phrase:
“with which he is charged”
shows that the section applies even before conviction.
Q17. Does Section 262 apply after conviction?
Answer:
Yes.
It also covers a person apprehended in relation to an offence:
“of which he has been convicted”
Q18. What is the significance of covering both charged and convicted persons?
Answer:
It gives the provision broad application across different stages of the criminal process.
It protects lawful apprehension:
- Before final conviction; and
- After conviction.
Q19. What is the escape branch of Section 262?
Answer:
The escape branch applies where a person:
- Escapes; or
- Attempts to escape
from custody in which he is:
Lawfully detained
for the relevant offence.
Q20. Must the person already be in custody for the escape branch?
Answer:
Yes.
The wording refers to:
“any custody in which he is lawfully detained”
Therefore, lawful detention must already exist.
Q21. Is an actual escape necessary?
Answer:
No.
The section expressly covers:
“escapes or attempts to escape”
An unsuccessful attempt is punishable.
Q22. What is the difference between resistance and escape?
Answer:
Resistance
Occurs during the process of lawful apprehension.
Escape
Occurs after the person has already been lawfully detained.
Memory
RESIST = BEFORE/AT CUSTODY
ESCAPE = AFTER CUSTODY
Q23. Must the escape be successful?
Answer:
No.
Attempted escape is expressly included.
Q24. Must actual violence be used?
Answer:
No.
The section does not expressly require violence.
Intentional resistance or illegal obstruction may be sufficient.
Q25. Must injury be caused to the apprehending officer?
Answer:
No.
Actual injury is not an ingredient.
The offence focuses on intentional interference with lawful apprehension or custody.
Q26. Must property damage occur?
Answer:
No.
Property damage is not required.
Q27. Must dishonest intention be proved?
Answer:
No.
The section does not require dishonesty.
Its express mental element for the first branch is intention.
Q28. Must malicious intention be proved?
Answer:
No.
Malice is not identified as a separate ingredient.
Q29. Must the person intend permanently to evade justice?
Answer:
No.
The section does not require permanent absconding.
Intentional resistance or attempted escape may itself be sufficient.
Q30. Give an example of resistance to lawful apprehension.
Answer:
Suppose A is lawfully being apprehended for an offence with which he is charged.
A deliberately fights against the lawful apprehension and prevents officers from taking him into custody.
Section 262 may apply.
Q31. Give an example of illegal obstruction.
Answer:
Suppose A knows that officers are lawfully apprehending him and deliberately blocks or interferes with the arrest process without lawful justification.
This may amount to intentional illegal obstruction.
Q32. Give an example of escape.
Answer:
A is lawfully detained in custody for an offence of which he has been convicted.
A deliberately leaves the custody without authority.
This may amount to escape under Section 262.
Q33. Give an example of attempted escape.
Answer:
A, while lawfully detained, tries to flee but is stopped before succeeding.
Attempted escape is expressly punishable.
Q34. Give an example where Section 262 may not apply.
Answer:
If a person accidentally creates a minor obstruction during his apprehension without intending to resist or obstruct, the intentional element may be absent.
Likewise, if the supposed custody is not lawful, a central ingredient would be missing.
Q35. What does the Explanation to Section 262 provide?
Answer:
The Explanation states that the punishment under Section 262 is:
In addition to
the punishment for which the person was liable for the offence with which he was charged or of which he was convicted.
Q36. Why is the Explanation important?
Answer:
Because the resistance or escape is treated as a separate wrong from the original offence.
The person does not avoid liability for the original offence merely because he is also punished under Section 262.
Memory
Original offence punishment + Section 262 punishment
Q37. Does Section 262 replace punishment for the original offence?
Answer:
No.
The punishment is additional.
It does not substitute for the punishment relating to the original charge or conviction.
Q38. Can a person therefore face two distinct liabilities?
Answer:
Yes.
One liability arises from the original offence.
The other arises from:
- Resisting lawful apprehension;
- Obstructing apprehension;
- Escaping;
- Attempting escape.
Q39. What is the punishment under Section 262?
Answer:
The punishment is:
- Imprisonment of either description up to two years; or
- Fine; or
- Both.
Memory
262 = 2 years / fine / both
Q40. What does “imprisonment of either description” mean?
Answer:
It means:
- Simple imprisonment; or
- Rigorous imprisonment.
The maximum period is two years.
Q41. Is a specific maximum fine mentioned?
Answer:
No.
The supplied wording simply provides:
“or with fine, or with both.”
No fixed monetary ceiling is stated.
Q42. What is the classification of Section 262?
Answer:
According to the supplied classification:
- Cognizable
- Bailable
- Triable by Any Magistrate
Memory
C + B + Any Magistrate
Q43. Is Section 262 cognizable?
Answer:
Yes.
It is:
Cognizable
Q44. Is Section 262 bailable?
Answer:
Yes.
It is:
Bailable
Q45. Which Court may try the offence?
Answer:
According to the supplied classification:
Any Magistrate
Q46. What is the difference between Section 262 and Section 263?
Answer:
The key distinction is the identity of the person whose apprehension or custody is being interfered with.
Section 262
A person resists:
His own apprehension
or escapes from:
His own custody
Section 263
A person obstructs apprehension or rescues:
Another person
Memory
262 = SELF
263 = ANOTHER
Q47. How does Section 262 differ from Section 265?
Answer:
Section 262 is a specific provision dealing with self-resistance and self-escape in relation to an offence with which the person is charged or of which he has been convicted.
Section 265 is the residuary provision for resistance, escape or rescue in cases not otherwise provided for.
Memory
262 = specific self-resistance
265 = residual catch-all
Q48. How does Section 262 differ from Section 264?
Answer:
Section 262
The detainee or accused himself:
- Resists;
- Obstructs;
- Escapes.
Section 264
A public servant:
- Omits to apprehend; or
- Suffers escape.
Memory
262 = detainee acts
264 = public servant fails
Q49. What is the easiest exam method for Section 262?
Answer:
Ask:
- Is the conduct about the accused himself?
- Is the apprehension or custody lawful?
- Is it connected with an offence charged or convicted?
- Did he intentionally resist/obstruct or escape/attempt escape?
If yes, Section 262 may apply.
Q50. What is the shortest way to remember Section 262?
Answer:
“SELF-RESISTANCE OR SELF-ESCAPE = 262.”
Key Provisions (Study Notes)
1. Self-Apprehension
The section concerns:
The offender's own apprehension
2. Lawfulness
The apprehension must be:
Lawful
The custody must also be:
Lawful
3. Two Main Forms
Resistance / illegal obstruction
to one's own lawful apprehension.
Escape / attempted escape
from one's own lawful custody.
4. Offence Connection
The apprehension or custody must relate to an offence:
- With which the person is charged; or
- Of which he has been convicted.
5. Attempt Is Punishable
Actual escape is not required.
Attempted escape is enough.
6. Additional Punishment
Punishment under Section 262 is:
Additional to the punishment for the original offence
Difference Between Resistance and Escape
Resistance
The accused interferes with the process of being taken into custody.
Memory
DON'T LET THEM TAKE ME
Escape
The accused is already in custody and gets out or tries to get out.
Memory
GET OUT AFTER THEY TOOK ME
IPC Equivalent
Section 262 BNS = Section 224 IPC
According to the supplied comments:
- Language unchanged;
- Provision retained as it is.
Punishment Study Note
Imprisonment
Either description up to 2 years
Fine
Fine may be imposed
Both
Both imprisonment and fine may be imposed
Additional Nature
This punishment is in addition to punishment for the original offence.
Classification Study Note
Section 262 is:
Cognizable
Bailable
Triable by Any Magistrate
Quick Revision Notes
Section
262 BNS
Title
Resistance or obstruction by a person to his lawful apprehension
IPC Equivalent
224 IPC
Who Acts?
The person himself.
Acts
- Intentional resistance;
- Illegal obstruction;
- Escape;
- Attempted escape.
Apprehension/Custody
Must be lawful.
Underlying Offence
Charged with or convicted of.
Punishment
Up to 2 years / fine / both
Special Point
Punishment is additional to punishment for the original offence.
Classification
Cognizable + Bailable + Any Magistrate
Exam Traps
Trap 1 — Confusing self with another person
262 = self
263 = another
Trap 2 — Forgetting lawfulness
The apprehension and detention must be lawful.
Trap 3 — Forgetting intention
Resistance or illegal obstruction must be intentional.
Trap 4 — Thinking successful escape is necessary
Incorrect.
Attempted escape is expressly punishable.
Trap 5 — Thinking the person must already be convicted
Incorrect.
The section covers persons:
- Charged; or
- Convicted.
Trap 6 — Thinking violence is necessary
Incorrect.
The section requires resistance or illegal obstruction, not necessarily violence.
Trap 7 — Treating Section 262 punishment as replacing the original punishment
Incorrect.
The Explanation makes it:
Additional punishment
Trap 8 — Confusing Section 262 with Section 265
Section 265 applies only in cases not otherwise provided for.
Section 262 is a specific provision.
Rapid Comparison: Sections 262–265
Section 262
Person resists his own apprehension or escapes his own custody.
Memory
SELF
Section 263
Person obstructs apprehension of another or rescues another.
Memory
ANOTHER
Section 264
Public servant fails to apprehend or allows escape.
Memory
PUBLIC SERVANT FAILS
Section 265
Residual resistance/obstruction/escape/rescue where no other provision applies.
Memory
FALL-BACK
Ultimate Memory Formula
SECTION 262
PERSON HIMSELF
+
LAWFUL APPREHENSION / LAWFUL CUSTODY
+
INTENTIONAL RESISTANCE / ILLEGAL OBSTRUCTION
OR
ESCAPE / ATTEMPTED ESCAPE
+
OFFENCE CHARGED OR CONVICTED
= SECTION 262
Shortest Memory Rule
“RESIST YOUR OWN LAWFUL ARREST OR ESCAPE YOUR OWN LAWFUL CUSTODY = 262.”
Key Takeaway
Section 262 BNS punishes a person who intentionally resists or illegally obstructs his own lawful apprehension, or who escapes or attempts to escape from his own lawful custody, in relation to an offence with which he is charged or of which he has been convicted.
The punishment is:
Imprisonment of either description up to 2 years, or fine, or both.
Importantly, the Explanation makes this punishment:
ADDITIONAL TO THE PUNISHMENT FOR THE ORIGINAL OFFENCE
According to the supplied comments:
Section 262 BNS = Section 224 IPC
and the provision has been retained without substantive change.
Final Memory Line
“262 = SELF + LAWFUL ARREST/CUSTODY + RESIST OR ESCAPE.”
