Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
AI Assist
Summary
Intentionally resisting or illegally obstructing a lawful arrest, escaping from lawful custody, or rescuing someone from lawful custody is an offence when no other specific law applies. The act must concern a lawful apprehension or detention. Punishment is imprisonment for up to six months, or a fine, or both; the offence is cognizable, bailable and triable by any magistrate.
Example
Rohan is handcuffed at a police station after being lawfully detained for a minor complaint. He shoves an officer and runs out of custody. He can be charged for resisting lawful apprehension and escape, and face up to six months imprisonment, or a fine, or both.
Bare Act
Enacted textWhoever, in any case not provided for in section 260 or section 261 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.
BNSS Classification
- Imprisonment for 6 months, or fine, or both.
- Cognizable
- Bailable
- Triable by Any Magistrate.
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