Section 262 BNS | BNS 262
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.
READ OTHER SECTIONS OF CHAPTER XIV — OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
FAQs of BNS Section 262
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262 BNS punishment and fine
Punishment and fine under Section 262 of the BNS: Imprisonment for 2 years, or fine, or both.
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262 BNS cognizable or not
The offence under Section 262 of the BNS is cognizable.
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262 BNS bailable or not
The offence under Section 262 of the BNS is bailable.
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262 BNS trial court
Offence specified in Section 262 of the BNS is triable by any Magistrate.
Important Points
- Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
- Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
- Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
- In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.
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Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs