Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
Section 265 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 262 or section 263 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 The Act came into force on 01 Jul 2024.
Whoever, in any case not provided for in section 262 or section 263 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.
Section 265, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 225B Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for. | Imprisonment for 6 months, or fine, or both. | Cognizable. | Bailable. | Any Magistrate. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pratheesh vs State of Kerala
Decided under Indian Penal Code 225B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When accused persons attack public servants with dangerous weapons with the intention to rescue a person from lawful custody, the circumstances including the nature of weapons, severity of injuries, and number of officials attacked establish the intention to commit murder under Section 307 IPC. Identification of accused by eyewitnesses at trial is admissible without formal identification parade when witnesses had sufficient opportunity to observe the accused during extended overt acts. A mother's natural emotional reaction (crying) when her son is arrested does not constitute criminal liability under Sections 307, 333, or 225B IPC. Intentional resistance or illegal obstruction to lawful apprehension under Section 225B IPC requires active resistance, not mere running away.
On this section: Resistance or obstruction to lawful apprehension - Applied to 1st and 2nd accused for rescuing 4th accused from lawful custody; not applied to 3rd and 4th accused
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Nabeel K.p vs State of Kerala
Decided under Indian Penal Code 225B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the lower court, after detailed evaluation of evidence, concludes that the prosecution has failed to prove the essential ingredients of the offence (formation of unlawful assembly and causing hurt to public servants), and such judgment becomes final without challenge, the High Court may exercise its discretionary power to quash further proceedings against accused who did not participate in the trial, provided that costs are imposed to compensate for the delay caused by their absence from proceedings.
On this section: Offence related to public servants - charged against the petitioners
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Anwar vs State of Kerala
Decided under Indian Penal Code 225B, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While a defense of police constable's intoxication cannot be raised for the first time in a revision petition when it was not suggested during cross-examination of witnesses, the evidence regarding the constable's intoxication can be considered as a mitigating factor in sentencing for escape from custody under Section 225A IPC. The court has discretion to impose a proportionate sentence, which may include a fine instead of imprisonment, when circumstances warrant such modification.
On this section: Mentioned in the order as the offense for which the accused was initially arrested in Crime No. 160/99, though the revision petition specifically concerns Section 225A conviction
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 265
What have the courts held on Section 265 of the Bharatiya Nyaya Sanhita?
Pratheesh vs State of Kerala (20 May 2020) is the leading judgment on this section among those set out below, though it was decided under IPC 225B, which this section replaced -- the court never mentioned this Act: Resistance or obstruction to lawful apprehension - Applied to 1st and 2nd accused for rescuing 4th accused from lawful custody; not applied to 3rd and 4th accused. Another 2 judgments on this section are set out below. They run from 2009 to 2020.
Is Section 265 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 265 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Any Magistrate.
How do I find court cases under Section 265 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 265, section 265 BNS, section 265 of the Bharatiya Nyaya Sanhita. People searching for it also type 265 bns act and 265 bns in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Pratheesh vs State of Kerala (20 May 2020).
What should I read with Section 265 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 262 (Resistance or obstruction by a person to his lawful apprehension), section 263 (Resistance or obstruction to lawful apprehension of another person), so none of them can safely be read on its own. It carries forward IPC 225B (Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for), so the judgments decided under that provision are the case law on this one.
When did Section 265 of the Bharatiya Nyaya Sanhita come into force?
Section 265 of the Bharatiya Nyaya Sanhita, cited as BNS 265, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.