Bharatiya Nyaya Sanhita, 2023
Section 263
Resistance or obstruction to lawful apprehension of another person
Whoever, intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence,—
(a) shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or
(b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or
(c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or
(d) if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or
(e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Why this exists
Just as resisting one's own arrest is criminalised, helping someone else escape lawful custody threatens the same core function of the justice system — and arguably worse, because it involves a third party actively defeating the law on another's behalf. The graded punishment mirrors the seriousness of the underlying offence: freeing a person accused of a minor crime is treated less severely than freeing someone facing the death penalty, because the danger to society scales with what that person is accused of. This continues the old IPC Section 225 with the same tiered structure.
Common misconceptions
- Myth: Helping a friend or relative escape police custody is a minor act if you didn't commit the original crime yourself.
Fact: The punishment for helping someone escape scales with the seriousness of the offence that person is accused of, and can reach life imprisonment if that person faced a death sentence.