Section 265 BNS: Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for

Section 265 BNS | BNS 265

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.

READ OTHER SECTIONS OF CHAPTER XIV — OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

FAQs of BNS Section 265

  1. 265 BNS punishment and fine

    Punishment and fine under Section 265 of the BNS: Imprisonment for 6 months, or fine, or both.

  2. 265 BNS cognizable or not

    The offence under Section 265 of the BNS is cognizable.

  3. 265 BNS bailable or not

    The offence under Section 265 of the BNS is bailable.

  4. 265 BNS trial court

    Offence specified in Section 265 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

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