IPC Section 225B and BNS Section 265: Resistance to Lawful Apprehension, Escape or Rescue

Section 225B of the Indian Penal Code, 1860, dealt with intentional resistance to lawful apprehension, escape from lawful custody and rescue of another person in cases not otherwise covered by law. Its corresponding provision is Section 265 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Current law: The BNS came into force on 1 July 2024. For conduct before that date, the applicable IPC provisions and legal savings must be considered. This article explains both the earlier IPC provision and the corresponding current BNS provision.

Meaning and scope of IPC Section 225B

Section 225B was a residual offence: it applied where resistance, obstruction, escape or rescue was not already provided for by IPC Sections 224 or 225 or another law in force. The conduct must involve a lawful apprehension or lawful detention. The provision did not criminalise a challenge to an unlawful arrest merely because an official attempted it.

Text and meaning of IPC Section 225B

Under the former IPC provision, whoever, in a case not covered by Sections 224 or 225 or another applicable law, intentionally resisted or illegally obstructed the lawful apprehension of themselves or another person, escaped or attempted to escape from lawful custody, or rescued or attempted to rescue another person from lawful custody, faced imprisonment of either description for up to six months, or a fine, or both.

The key distinction was the provision's residual nature. Sections 224 and 225 specifically dealt with apprehension or custody in connection with offences, while Section 225B covered other lawful-apprehension and custody cases not otherwise provided for.

Current provision: BNS Section 265

Section 265 of the Bharatiya Nyaya Sanhita, 2023 is titled "Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for." It retains the essential rule, replacing references to IPC Sections 224 and 225 with BNS Sections 262 and 263.

It covers intentional resistance or illegal obstruction to the lawful apprehension of oneself or another, escape or attempted escape from lawful custody, and rescue or attempted rescue of another from lawful custody, where no more specific provision governs.

Essential ingredients of the offence

There must be an apprehension or custody authorised by law.
The accused must resist or illegally obstruct apprehension, escape or attempt to escape, or rescue or attempt to rescue a detained person.
The act must fall outside the cases specifically covered by BNS Sections 262 and 263 or another applicable law.
The prosecution must establish the relevant intentional conduct and other required elements beyond reasonable doubt.

Punishment and procedural classification

Particular	Position under BNS Section 265
Maximum imprisonment	Six months, of either description
Fine	Fine may be imposed instead of or along with imprisonment
Cognizability	Cognizable
Bail	Bailable
Trial court	Any Magistrate

The procedural classification follows the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Cognizable does not remove statutory arrest safeguards, and bailable means bail is governed by the rules applicable to bailable offences.

How Section 265 differs from Sections 262 and 263

BNS Section 262 addresses resistance or obstruction by a person to their own lawful apprehension in relation to an offence, or escape from custody for such an offence. BNS Section 263 concerns obstruction to the apprehension of another person for an offence or rescuing that person from lawful custody. BNS Section 265 addresses cases not otherwise provided for by those sections or another law.

Practical illustrations

Illustration 1: A person intentionally obstructs an otherwise lawful apprehension under a legal authority not covered by the more specific criminal-offence provisions. Subject to the facts and any applicable special law, Section 265 may require examination.

Illustration 2: A person knowingly helps another escape from lawful custody in a case outside Sections 262 and 263. The rescue or attempted rescue may fall within Section 265, provided all legal ingredients are established.

Illustration 3: Where an apprehension is not authorised by law, the necessary element of lawful apprehension is absent. Other offences or legal issues may nevertheless arise depending on the conduct.

Frequently asked questions

What is the current equivalent of IPC Section 225B?

Section 265 of the Bharatiya Nyaya Sanhita, 2023, covers resistance or obstruction to lawful apprehension, escape or rescue in cases not otherwise provided for.

What is the punishment under BNS Section 265?

Imprisonment of either description for up to six months, or a fine, or both.

Is BNS Section 265 cognizable and bailable?

The offence is cognizable and bailable and is triable by any Magistrate, according to the First Schedule to the BNSS.

Does Section 265 apply to every escape from custody?

No. It is a residual provision and applies where the case is not covered by BNS Sections 262 or 263 or another applicable law.

Official legal references

Legal note: The applicability of the IPC or BNS depends on the date of the alleged conduct and applicable transitional and saving provisions. This general article is not a substitute for examining the statute, procedural schedule and facts of a particular case.