BNS Section 218: Resistance To Taking Of Property By Lawful Authority Of A Public Servant

Definition of BNS Section 218

Section 218 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”

Explanation and Illustration of BNS Section 218

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of resisting a public servant from exercising his power of seizure.

There are a certain class of government officials whose duties entail the physical seizing of properties. These are cases where the property in question is a matter of investigation or has been deemed illegal by a government authority. Persons within the sovereign border of India are legally obligated to cooperate and, in the least, not interfere with the performance of official government duties. In case of a disagreement with a government order that mandates such seizure, there are mechanisms for redressal of such grievances with due process. However, if such disagreement is expressed in any manner without due process and in any forum other than the ones made available within the legal framework, then it is considered as obstructing a government official from performing their duty and is punishable under the BNS.
,br> Section 218 specifically deals with persons offering resistance to the taking of any property by the lawful authority. Any act of resistance or obstruction against a government servant who is in the process of seizing a property in the course of his official duties is an offence under section 218, provided that it meets the following two conditions:

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