OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTSCentral

Section 218 of The Bharatiya Nyaya Sanhita, 2023

Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Summary

This section punishes anyone who resists the legal taking of property by an official.
It applies if the person knows or has reason to believe that the official is a public servant.
The official must be acting under their lawful authority when taking the property.
The punishment can include imprisonment of either description for up to six months.
A fine of up to ten thousand rupees may be imposed, or both imprisonment and a fine.
This ensures that court orders or legal seizures of property are carried out without physical interference.

Practical examples

1A court bailiff arrives at Vikram's house with a legal warrant to seize his car to pay a debt. Vikram physically blocks the bailiff and refuses to let him near the vehicle, knowing the bailiff is a court officer.

2A tax official is legally authorized to take certain equipment from a shop. The shop owner, believing the official is indeed a public servant, locks the doors and uses a chain to prevent the equipment from being moved by the authorized team.

FAQ

1. What happens if I physically stop a bailiff from taking my property under the Bharatiya Nyaya Sanhita?

Under Section 218 of the Bharatiya Nyaya Sanhita, 2023, you can be punished with up to six months in jail or a fine of ten thousand rupees.

2. Do I have to know the person is a government official to be guilty under Section 218 of the Bharatiya Nyaya Sanhita, 2023?

Yes, Section 218 of the Bharatiya Nyaya Sanhita, 2023, applies if you know or have reason to believe the person is a public servant.

3. Is the imprisonment rigorous or simple for resisting property seizure in the Bharatiya Nyaya Sanhita?

Section 218 of the Bharatiya Nyaya Sanhita, 2023, says the imprisonment can be of either description, meaning it can be either simple or rigorous.

Test yourself

Q1.What is the maximum fine for resisting the taking of property under Section 218 of The Bharatiya Nyaya Sanhita, 2023?

Q2.What is the maximum imprisonment term under Section 218 of The Bharatiya Nyaya Sanhita, 2023?

Q3.Under Section 218 of The Bharatiya Nyaya Sanhita, 2023, what must the offender's mental state be regarding the official?

Q4.Unlike Section 215, Section 218 of The Bharatiya Nyaya Sanhita, 2023, allows for imprisonment of:

217PreviousSection 217 False information, with intent to cause public servant to use his lawful power to injury of another person.219NextSection 219 Obstructing sale of property offered for sale by authority of public servant.

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