Section 218 BNS - Resistance to Taking of Property by Lawful Authority of a Public Servant

Section 218 of the Bharatiya Nyaya Sanhita, 2023 punishes resistance to the taking of property by the lawful authority of a public servant where the person resisting knows, or has reason to believe, that the person exercising the authority is a public servant.

Text of Section 218, Bharatiya Nyaya Sanhita, 2023

Meaning and Scope of Section 218 BNS

Section 218 applies when property is being taken under lawful authority vested in a public servant and a person offers resistance to that taking. The legality of the public servant's authority is an essential part of the provision. The section is not framed as a general prohibition against objecting to any demand for property; it addresses resistance to a taking that is legally authorised.

The provision also contains a knowledge requirement. The person resisting must know, or have reason to believe, that the person acting under the lawful authority is a public servant.

Essential Ingredients of the Offence

1. There must be a taking, or attempted taking, of property.
2. The taking must be under the lawful authority of a public servant.
3. The accused must offer resistance to that taking.
4. The accused must know, or have reason to believe, that the person exercising the authority is a public servant.

Meaning of Public Servant under the BNS

Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 defines public servant by listing the categories of persons who fall within that expression, including specified public officers, judges and other persons performing public duties under law. For Section 218, the relevant authority must also be lawful in relation to the taking of the property.

Punishment and Classification under Section 218 BNS

What Does "Lawful Authority" Mean?

The phrase lawful authority is important because the section presupposes that the public servant is legally empowered to take the property. The source of that power may arise from the applicable criminal procedure, revenue, taxation, regulatory, execution, seizure, attachment or other governing law, depending on the facts of the case.

Section 218 BNS and Former IPC Section 183

Section 218 BNS corresponds to former Section 183 of the Indian Penal Code, 1860, which dealt with resistance to taking property by the lawful authority of a public servant. Under the BNS, the maximum fine is Rs. 10,000.

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Sanhita came into force on 1 July 2024, except the separately excluded provision contained in Section 106(2).

Related BNS Sections

• Section 211 - Omission to give notice or information to public servant by person legally bound to give it
• Section 212 - Furnishing false information
• Section 213 - Refusing oath or affirmation when duly required by public servant to make it
• Section 214 - Refusing to answer public servant authorised to question
• Section 215 - Refusing to sign statement
• Section 216 - False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
• Section 217 - False information with intent to cause public servant to use lawful power to injury of another person
• Section 218 - Resistance to taking of property by lawful authority of a public servant
• Section 219 - Obstructing sale of property offered for sale by authority of public servant
• Section 220 - Illegal purchase or bid for property offered for sale by authority of public servant

This page provides general legal information. The application of Section 218 depends on the facts, the source of lawful authority for taking the property, the nature of the resistance and the applicable procedural law.