What is resisting of Arrest?
Section 43(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) outlines that resisting arrest involves forcibly opposing or attempting to evade the lawful endeavor to arrest. This resistance can be in the form of physical force or any attempt to avoid detention, such as absconding away from the scene.
Consequences and Penalties:
The penalties for resisting arrest depend on the circumstances. If an individual resists their own apprehension, they may face charges under Section 262 of Bharatiya Nyaya Sanhita (BNS), with punishment which can extend to up to two years and a fine.
Section 263 of Bharatiya Nyaya Sanhita (BNS) addresses resistance to the apprehension of others, and the punishment varies, ranging from two years to life imprisonment, depending on the duration of punishment for the person being apprehended.
Additionally, Section 265 of Bharatiya Nyaya Sanhita (BNS) provides for punishment up to six months, with a fine, for resisting arrest in situations not covered by Sections 262 of Bharatiya Nyaya Sanhita (BNS) and 263 of Bharatiya Nyaya Sanhita (BNS).
Persons using criminal force during resistance may be charged under Section 132 of Bharatiya Nyaya Sanhita (BNS), punishable with imprisonment for up to two years or a fine, or both.
Watch JudiX’s 1 minute video lecture on Arrest and Anticipatory bail under BNSS
Police Powers and Limitations:
Section 43(2) of BNSS grants police officers the authority to use all necessary means to effect an arrest if a person resists. However, Section 43(4) of BNSS explicitly prohibits causing the death of a person not accused of an offense punishable by death or life imprisonment, establishing a clear limitation on the use of force.
In cases like Nazir vs Rex and Ramnish vs CBI, it has been acknowledged that the police may seek public assistance in effecting an arrest. Public cooperation is deemed essential when the police alone cannot apprehend an individual. However, the use of force during arrest should not be intentional or malicious.
Limitations on Police Powers:
The term "lawful apprehension" highlights the requirement that the police act within the bounds of the law. While individuals have rights to resist unlawful arrests, challenging the authority during an arrest should be done within the framework of law.
Rights of an Arrestee:
Arrested individuals are entitled to rights that protect them during the process. Knowledge of the case for which the arrest is made and adherence to the guidelines laid down in D.K Basu vs. State of West Bengal are crucial. Importantly, the arrest must be legal, and if it is not, the arrestee holds the rights of private defense under the Bharatiya Nyaya Sanhita (BNS)
International Perspectives:
In the United States, preventing a police official from performing an arrest is illegal and punishable. However, in the UK and Wales, preventing an arrest is not inherently illegal, and additional charges may only apply if violence is involved.
Frequently Asked Questions (FAQs) on Resisting Arrest: Consequences.
1. What does resisting arrest entail?
Resisting arrest, as defined in Section 43(2) of BNSS, involves forcibly opposing or attempting to evade the lawful endeavor to arrest. This can include physical force or any attempt to avoid detention, such as fleeing the scene.
2. What are the penalties for resisting arrest?
Penalties vary based on circumstances:
- Resisting own apprehension (Section 262 BNS): Up to two years imprisonment and a fine.
- Resisting apprehension of others (Section 263 BNS): Ranges from two years to life imprisonment, depending on the duration of punishment for the person being apprehended.
- Other situations of resisting arrest (Section 265 BNS): Up to six months imprisonment and a fine.
- Criminal force during resistance (Section 132 BNS): Up to two years imprisonment or a fine, or both.
3. What powers do police officers have when someone resists arrest?
Police officers, under Section 43(2) of BNSS, have the authority to use all necessary means to effect an arrest when facing resistance. However, Section 43(4) explicitly prohibits causing the death of a person not accused of an offense punishable by death or life imprisonment.
4. Can resisting arrest result in lethal force?
No, under Section 43(4) of BNSS, causing the death of a person not accused of an offense punishable by death or life imprisonment is explicitly prohibited. Lethal force is limited to specific circumstances.
5. Are individuals allowed to challenge the legality of an arrest?
Yes, individuals have the right to challenge the legality of an arrest. If the arrest is not lawful, resistance may not result in charges or punishment. The term "lawful apprehension" underscores the requirement that police act within the bounds of the law.
6. What rights do arrested individuals have?
Arrested individuals have rights, including knowledge of the case for which the arrest is made and adherence to guidelines laid down in D.K Basu vs. State of West Bengal. If the arrest is not legal, the arrestee holds the rights of private defense under Bharatiya Nyaya Sanhita (BNS).
7. How do international perspectives differ on preventing arrests?
In the United States, preventing a police official from performing an arrest is illegal and punishable. In the UK and Wales, preventing an arrest is not inherently illegal, and additional charges may only apply if violence is involved.
Consequences of resisting arrest under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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