Bharatiya Nyaya Sanhita, 2023
Section 262
Resistance or obstruction by a person to his lawful apprehension
Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation.—The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.
Why this exists
Lawful arrest and custody are the mechanisms through which the justice system actually functions — if people could resist arrest or break custody without any separate consequence, enforcement of the law would collapse. This section, continuing the old IPC Section 224, adds a distinct penalty for defying one's own lawful arrest, separate from whatever the underlying charge already carries.
Common misconceptions
- Myth: You can resist an arrest if you believe you are innocent.
Fact: The law punishes resisting a lawful arrest regardless of the person's eventual guilt or innocence on the underlying charge; the proper remedy for a wrongful arrest is legal challenge, not physical resistance.