Bharatiya Nyaya Sanhita: Section 265 – Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for

Whoever, in any case not provided for in section 260 or section 261 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Simplified Explanation

Section 265 of the Bharatiya Nyaya Sanhita, 2023, addresses situations involving resistance or obstruction to lawful apprehension, escape from lawful custody, or rescuing someone from lawful custody. Here’s a detailed breakdown of this section:

Key Elements of Section 265:

  1. Applicability:
    • This section applies only when the case does not fall under Section 260, Section 261, or any other specific law that addresses such acts.
    • If the act of resistance, escape, or rescue is covered by other provisions, those provisions will apply.
  2. Offenses Defined:
    • Resistance or Obstruction to Lawful Apprehension:
      • If a person intentionally resists or obstructs efforts to arrest themselves or someone else lawfully, they are liable under this section.
    • Escape or Attempt to Escape from Lawful Custody:
      • If someone is lawfully detained and attempts to escape or successfully escapes, this provision applies.
    • Rescue or Attempt to Rescue from Custody:
      • If a person tries to rescue or successfully rescues someone lawfully detained, they can be prosecuted under this section.
  3. Intention:
    • The actions must be intentional; accidental acts do not attract liability under this provision.
  4. Punishment:
    • Imprisonment of either description (rigorous or simple) for a term up to six months, or
    • Fine, or
    • Both imprisonment and fine.

Purpose of the Provision:

This section ensures that individuals cannot obstruct the lawful process of arrest, detention, or custody. It acts as a deterrent against actions that undermine the rule of law and law enforcement processes.

Examples:

  1. Resistance or Obstruction:
    • A person refuses to comply with a police officer who is lawfully trying to arrest them, physically or verbally resisting the officer’s efforts.
  2. Escape from Custody:
    • A detainee flees from a prison or police custody without lawful justification.
  3. Rescue from Custody:
    • A third party forcibly removes someone from police custody or facilitates their escape.

Exclusions:

  • If the act is explicitly covered by Section 260 (assault or criminal force to deter a public servant) or Section 261 (assault or criminal force on a public servant executing a lawful order), those provisions would apply instead.
  • Other specific laws addressing similar offenses take precedence.

Conclusion:

Section 265 acts as a general provision to penalize unlawful actions related to lawful apprehension and custody when no specific law applies. Its scope ensures that law enforcement activities are respected and protected from interference.

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