Bharatiya Nyaya Sanhita: Section 263 – Resistance or obstruction to lawful apprehension of another person

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.

Simplified Explanation

Section 263 addresses situations where a person resists or obstructs the lawful apprehension of another person, or rescues or attempts to rescue another person from lawful custody. It provides graded punishments based on the seriousness of the offense for which the rescued person was detained or sought to be apprehended.

Key Components of Section 263

1. Who is Covered?
   • The offender: Anyone who resists or obstructs the apprehension of another person or tries to rescue them from lawful custody.
   • The rescued or obstructed individual: A person charged with or convicted of an offense, or lawfully detained in custody.
2. Actions Addressed:
   • Resistance or Obstruction:
     • Preventing the apprehension of another person by force, threats, or interference.
   • Rescue or Attempted Rescue:
     • Freeing or attempting to free a person already in lawful custody.

Graded Punishments

The section sets out varying punishments depending on the seriousness of the offense associated with the person being rescued or protected:

(a) General Resistance or Rescue

• When the person obstructed or rescued is charged with an offense of no particular severity.
• Punishment:
  • Imprisonment up to 2 years.
  • Fine.
  • Both imprisonment and fine.

(b) Offenses Punishable with Life Imprisonment or Imprisonment of 10 Years or More

• If the person obstructed or rescued is charged with such an offense.
• Punishment:
  • Imprisonment up to 3 years.
  • Fine.

(c) Offenses Punishable with Death

• If the person obstructed or rescued is charged with an offense punishable with the death penalty.
• Punishment:
  • Imprisonment up to 7 years.
  • Fine.

(d) Sentenced to Life Imprisonment or Imprisonment of 10 Years or More

• If the person rescued is already sentenced by a court to such punishment.
• Punishment:
  • Imprisonment up to 7 years.
  • Fine.

(e) Under Sentence of Death

• If the person rescued is already sentenced to death by a court.
• Punishment:
  • Imprisonment for life or imprisonment up to 10 years.
  • Fine.

Purpose of the Section

1. Upholding the Authority of Law:
   • Prevents individuals from undermining the enforcement of justice by interfering with lawful apprehensions or custody.
2. Accountability:
   • Ensures that those who disrupt legal processes face penalties, deterring such actions.
3. Graded Punishments:
   • Reflects the seriousness of the offense linked to the rescued individual, ensuring proportionality in punishments.

Examples of Applicability

1. General Case:
   • A bystander obstructs police officers trying to arrest someone accused of theft (punishable under clause (a)).
2. Life Imprisonment/10-Year Offenses:
   • A person uses force to rescue someone charged with murder or convicted of a heinous offense punishable by imprisonment for life (clause (b) or (d)).
3. Death Sentence Cases:
   • An individual helps someone escape custody who is under a death sentence for terrorism-related crimes (clause (e)).

Comparison to the Indian Penal Code (IPC)

Section 263 corresponds to Sections 225 and 225A of the IPC, restructured under the Bharatiya Nyaya Sanhita with clearer gradation of punishments.