Indian criminal law | Updated 30 October 2026
IPC Section 224 and BNS Section 262: Resistance to Lawful Apprehension
Resisting one's own lawful arrest, obstructing apprehension or escaping from lawful custody can constitute a separate criminal offence. Section 224 of the Indian Penal Code, 1860, corresponds to Section 262 of the Bharatiya Nyaya Sanhita, 2023.
What does IPC Section 224 provide?
Section 224 of the Indian Penal Code addresses a person who intentionally resists or illegally obstructs his own lawful apprehension for an offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from custody in which he is lawfully detained for that offence.
The prescribed punishment is imprisonment of either description for a term extending to two years, or a fine, or both. Its explanation makes clear that this is an additional punishment, separate from liability for the underlying offence.
BNS Section 262: Current corresponding law
Section 262 of the Bharatiya Nyaya Sanhita, 2023, retains the substance of IPC Section 224. It covers intentional resistance or illegal obstruction to one's own lawful apprehension, as well as escape or attempted escape from lawful custody for an offence with which the person is charged or of which the person has been convicted.
It provides imprisonment of either description up to two years, or a fine, or both. The explanation expressly preserves punishment for the original offence in addition to punishment for resistance or escape.
Essential ingredients of the offence
- Lawful apprehension or custody: The apprehension must be legally justified, or the person must be lawfully detained for the relevant offence.
- Connection to an offence: The person is charged with or convicted of the offence to which the apprehension or custody relates.
- Prohibited conduct: The person intentionally resists or illegally obstructs his own apprehension, or escapes or attempts to escape from lawful custody.
- Proof: The prosecution must establish the required facts and mental element beyond reasonable doubt. The mere fact of a disagreement with an officer does not automatically prove this offence.
Punishment and procedural classification
| Particular | IPC Section 224 / BNS Section 262 |
|---|---|
| Maximum punishment | Imprisonment of either description up to two years, or fine, or both |
| Cognizability | Cognizable |
| Bail | Bailable |
| Trial court | Any Magistrate |
| Original offence | Liability remains separate and additional |
The current procedural classification follows the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Procedural questions in older cases may require consideration of transitional rules.
Illustrative situations
Resisting lawful arrest
A person charged with an offence intentionally blocks officers from effecting a lawful arrest. Depending on the evidence, this may attract BNS Section 262 in addition to the original offence.
Attempted escape from custody
A lawfully detained accused tries to flee from authorised custody. Even if the attempt fails, the provision expressly covers an attempt to escape.
Unlawful arrest
Lawfulness is an essential element. Whether an arrest was lawful depends on the applicable statutory powers and facts; a person should use lawful remedies to challenge an arrest rather than assume that physical resistance is permissible.
Difference between resisting one's own arrest and helping another person escape
BNS Section 262 addresses resistance to one's own lawful apprehension or escape from one's own lawful custody. BNS Section 263, corresponding broadly to IPC Section 225, concerns resistance to the lawful apprehension of another person or rescuing another person from lawful custody. The applicable provision depends on the conduct and circumstances.
Frequently asked questions
Is BNS Section 262 bailable?
Yes. The offence is classified as bailable under the BNSS First Schedule.
Is resistance to lawful arrest a cognizable offence?
Yes. The offence under BNS Section 262 is cognizable, subject to applicable procedural safeguards.
Can a person be punished for both the original offence and escaping custody?
Yes. The explanation to Section 262 states that punishment under this section is in addition to punishment for the offence underlying the apprehension or detention.
Does IPC Section 224 still apply?
The IPC has been repealed for the new criminal-law regime effective 1 July 2024, but Section 224 may remain applicable to earlier acts under saving and transitional provisions. The date and circumstances of the alleged conduct matter.
Official legal sources
- National Crime Records Bureau: BNS chapter-wise provisions
- Bureau of Police Research and Development: Bharatiya Nyaya Sanhita text (PDF)
- Delhi Police Academy: IPC-to-BNS reference and offence classifications (PDF)
- India Code: Official central legislation repository
This article is for general legal information. Application of the law depends on the date of the incident, the evidence and the relevant procedural provisions.