Escape from Custody and Resistance to Arrest Under the BNS (Sections 262 and 263) (2026)
What Sections 262 and 263 of the Bharatiya Nyaya Sanhita cover, the old Indian Penal Code sections they replaced, and the punishment for resisting arrest, escaping lawful custody, or rescuing another person. Last verified October 2026.
Explainer · New Criminal Code · BNS
A person who is being lawfully arrested pulls away, struggles, or runs. Someone else steps in to free a person already in custody. Both acts defeat the process of the law, and both are offences, over and above whatever the arrest was for. Under the new criminal code, resisting your own arrest or escaping lawful custody is Section 262 of the Bharatiya Nyaya Sanhita, 2023, and resisting the arrest of another or rescuing them is Section 263. These replaced Sections 224 and 225 of the old Indian Penal Code. This explainer sets out what each section covers, the exact old to new mapping, and the punishment. Last verified October 2026.
- Section 262: resisting your own lawful arrest, or escaping lawful custody. Old IPC 224. Up to 2 years, or fine, or both.
- Section 263: resisting another person’s arrest, or rescuing them. Old IPC 225. Punishment graded up to 7 years, or life in the gravest case.
- Classification (262): reported as cognizable and bailable, triable by any Magistrate. Confirm against the BNSS First Schedule.
- Key point: this punishment is in addition to the case the person was arrested or held for.
01The problem: defeating a lawful arrest
An arrest is a core step in the justice process. If a person can simply resist it, or escape after it, or be freed by others, the process breaks down. So the law makes these acts offences in their own right, separate from the main case.
The new code deals with this in two neighbouring sections. Section 262 is about the person who resists their own arrest, or escapes lawful custody. Section 263 is about a person who gets in the way of someone else’s arrest, or rescues them from custody. The key in both is that the apprehension or custody must be lawful.
These sit among the offences against public justice in the Bharatiya Nyaya Sanhita, 2023.
02Section 262: resisting your own arrest or escaping
Section 262 of the BNS punishes a person who intentionally offers resistance or obstruction to their own lawful apprehension for an offence, or who escapes or tries to escape from lawful custody for an offence.
The punishment is imprisonment of either description up to two years, or a fine, or both.
Classification
Standard annotations of the BNS report the offence under Section 262 as cognizable and bailable, triable by any Magistrate. Confirm against the current First Schedule of the Bharatiya Nagarik Suraksha Sanhita.
The section has two limbs. One is resisting or obstructing the arrest. The other is escaping, or trying to escape, from lawful custody. A person can fall under the second limb even without a struggle, simply by getting away from lawful detention.
03Section 263: resisting another arrest or rescue
Section 263 of the BNS punishes a person who intentionally offers resistance or obstruction to the lawful apprehension of another person, or who rescues or tries to rescue another from lawful custody.
Here the punishment is graded by the seriousness of the case of the person being arrested or freed.
| Situation of the person arrested or rescued | Punishment under BNS 263 |
|---|---|
| General case | Imprisonment up to 2 years, or fine, or both |
| Offence punishable with life, or up to 10 years | Imprisonment up to 3 years, and fine |
| Offence punishable with death | Imprisonment up to 7 years, and fine |
| Person under sentence of life or 10 years or more | Imprisonment up to 7 years, and fine |
| Person under sentence of death | Imprisonment for life, or up to 10 years, and fine |
The heavier the matter, the heavier the punishment for freeing the person or blocking the arrest.
04Old to new: IPC 224 and 225
The mapping is direct. Section 224 of the Indian Penal Code, 1860, is now Section 262 of the BNS, and Section 225 is now Section 263.
| Offence | Old IPC | New BNS |
|---|---|---|
| Resistance or escape by the person himself | Section 224 | Section 262 |
| Resistance or rescue of another person | Section 225 | Section 263 |
The structure of the two offences is carried over, so case law on the old sections continues to guide the new ones. A residual provision, Section 265, covers resistance, escape, or rescue in cases not falling under Section 262 or Section 263.
05Punishment is extra
One point is easy to miss. The punishment under these sections is in addition to the punishment for the offence for which the person was being arrested or was in custody. Resisting arrest does not replace the main case, it adds to it.
Resisting a lawful arrest or escaping custody is a separate crime. It stacks on top of the case you were arrested for.
06Practical points
- Lawfulness comes first. Both sections need the apprehension or custody to be lawful. If the arrest was unlawful, the resistance may not be an offence under these sections.
- Identify the right section. Resisting your own arrest or escaping is Section 262. Blocking another’s arrest or rescuing them is Section 263.
- The other person’s case sets the punishment for Section 263. Pin down what they were being held or arrested for.
- Remember it is additional. These charges do not wipe out the main case. They are extra.
- Read the current text. Check the sections and classification on the day you advise or file.
For related offences against public servants and public justice, see obstructing a public servant and harbouring an offender.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
To advise on resistance or escape cases, you need to see how courts have read the lawfulness of the arrest and the two limbs of these sections, and you need to follow the live matter. Claw helps with both. You can search more than 30 crore judgments, drawn from the Supreme Court since 1950 and the High Courts since 1990, with results in under five seconds, and follow the cases, orders and hearings by party or advocate name across 9,102 courts, benches and forums. Claw does not use your case documents to train its AI models.
Open a free Claw account to look up orders under Sections 262 and 263 and keep watch on a live matter by party or advocate name. To search across the court system, see our hub on case search across Indian courts.
08Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Annotated BNS, Section 262: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The BNS can be amended and courts interpret it over time, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 262 of the BNS?
Section 262 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who resists or obstructs their own lawful arrest for an offence, or who escapes or tries to escape from lawful custody. It replaces Section 224 of the old Indian Penal Code. The punishment is up to two years, or fine, or both.
What is the difference between Section 262 and Section 263?
Section 262 is about resisting your own arrest or escaping custody. Section 263 is about resisting another person’s arrest, or rescuing them from custody. Section 262 has a fixed maximum, while Section 263 is graded by the seriousness of the other person’s case.
Which IPC sections do BNS 262 and 263 replace?
Section 262 replaces Section 224 of the Indian Penal Code, 1860, and Section 263 replaces Section 225. The structure of both offences is carried over, so earlier judgments on the old sections continue to guide the reading of the new ones.
Is the arrest resistance punishment separate from the main case?
Yes. The punishment under Sections 262 and 263 is in addition to the punishment for the offence the person was being arrested for, or held for. Resisting arrest or escaping does not replace the main case, it adds to it.
Does Section 262 apply if the arrest was unlawful?
The section requires the apprehension or custody to be lawful. If the arrest was unlawful, resistance may not be an offence under this section. The lawfulness of the arrest is usually the first question in such a case.
Can I search and track escape and resistance cases on Claw?
Yes. Claw lets you search more than 30 crore judgments in under five seconds and follow cases, orders and hearings by party or advocate name across 9,102 courts, benches and forums. It helps you find and follow cases, but it does not give legal advice.