Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 262: Resistance or Obstruction by a Person to His 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.
Brief Detail
BNS Section 262 addresses the unlawful actions of individuals who resist or obstruct their lawful apprehension by authorities. This includes physical resistance or attempts to escape from custody.
Question & Answers
Q1: What actions are considered resistance or obstruction under Section 262?
A1: Actions such as physically resisting arrest, providing false information to escape apprehension, or attempting to flee from lawful custody are considered resistance or obstruction.
Q2: What penalties are imposed for resistance or obstruction?
A2: Individuals found guilty of such resistance may face imprisonment for up to two years, a fine, or both, in addition to any penalties for the original offence.
Example
Example Scenario:
If J, who has been charged with theft, tries to flee from police officers attempting to arrest him, he may be punished under Section 262, facing up to two years of imprisonment in addition to any penalties for theft.
Summary
BNS Section 262 emphasizes the legal consequences of resisting lawful apprehension. The section provides clear penalties, which act as a deterrent against obstructing the course of justice while ensuring that individuals are held accountable for their actions.
