Bharatiya Nyaya Sanhita 2023
Section 263 :
Resistance or obstruction to lawful apprehension of another person :
(See section 225 of IPC 1860)
Section : 263 (a)
Classification of Offence:
Offence : Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Section : 263 (b)
Classification of Offence:
Offence : If charged with an offence punishable with imprisonment for life or imprisonment for 10 years.
Punishment : Imprisonment for 3 years and fine
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 263 (c)
Classification of Offence:
Offence : If charged with a capital offence.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 263 (d)
Classification of Offence:
Offence : If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards.
Punishment : Imprisonment for 7 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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Section : 263 (e)
Classification of Offence:
Offence : If under sentence of death.
Punishment : Imprisonment for life, or imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 225 :
Resistance or obstruction to lawful apprehension of another person:
(See section 263 of BNS 2023)
Classification of Offence:
Offence: Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody.
Punishment :Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Bailable.
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate.
————–
Offence: If charged with an offence punishable with imprisonment for life or imprisonment for 10 years.
Punishment :Imprisonment for 3 years and fine
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
————–
Offence: If charged with a capital offence.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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Offence: If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards.
Punishment :Imprisonment for 7 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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Offence: If under sentence of death.
Punishment :Imprisonment for life, or Imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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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, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
or, 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 1.[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, if the person to be apprehended, or the person 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, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to 1.[imprisonment for life] 2.[***]3.[***]4.[***]or imprisonment, for a term often 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, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 1.[imprisonment for life] or imprisonment of either description for a term no exceeding ten years, and shall also be liable to fine.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
3. The word “transportation” omitted by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
4. The words “penal servitude” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
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