BNS Section 218: Resisting Property Seizure By Public Servant

Section 218 falls under Chapter 13 of the Bharatiya Nyaya Sanhita (BNS). Chapter 13 covers offences of contempt of the lawful authority of public servants. Each section under this chapter deals with different offences related to disobeying the authority exercised by a public servant in performance of his or her duty. Section 218 specifically deals with resisting authority of a public servant. Let us take a closer look at its provisions.

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:

The officer seizing the property must have the lawful authority to seize the property. Not all government servants have the power to seize a property. In fact, the person seizing the property usually comes on the order of a higher authority who has the power to issue such an order. So unless the person seizing the property is authorised by an order, or can is authorised to do so as a part of his normal duties, the property cannot be seized.

The person resisting the seizure must know that the person seizing the property is a government officer. So if a person resists the seizure is not aware of the identity of the person seizing the property, he or she cannot be held culpable under the provisions of this section. This is why officials who are authorised to seize property have to follow strict operating procedures including verbally identifying themselves to the person in possession of the property, showing them a valid identity card and producing the order that has mandated the seizure of the property. All of this must be done prior to the beginning of the seizure. If this procedure is not followed, the seizure can be challenged with a higher authority who may nullify the order if lapses have been found.

If the above two conditions are met, i.e., a lawful officer after identifying himself and producing the relevant order proceeds to seize a property, and such act of seizure is met with resistance, then such persons resisting the seizure will be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points in BNS Section 218

This section deals with: Resisting public servant from possessing property

Description of offence:

Any person who tries to resist or obstruct or assault a public servant from taking possession of a property in the lawful performance of his duty shall be considered an offender under this section.

Punishment for offence:

Any person found guilty under this section shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 218 of BNS and its Equivalent IPC Section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 218 of BNS replaces IPC Section 183. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
218	Resistance to the taking of property by the lawful authority of a public servant.	183	Upper limit of fine has been increased from one thousand to ten thousand rupees.

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FAQs about Section of the Bharatiya Nyaya Sanhita (BNS)

Can you challenge a government order?

Yes. Any order or action performed by any government servant can be challenged as long as it is done through the legally prescribed channels and forums. Refusing to acknowledge a government order, however, is an offence.

Can a government servant seize your property?

Yes. There are situations or circumstances when a property is a matter of a government enquiry or proceeding and if necessary can be seized through an order. However, the order has to be passed by someone who has officially been authorised by the government and the seizure has to be carried out as per the procedure laid down within the legal framework.

Does a public servant require a warrant to seize property?

Yes. A public servant is required to present an order or a warrant at the time of seizing any property.

How can you retrieve property seized by the government?

If one wants to challenge an order or warrant for seizure, the must do so through the legally prescribed channels and forums.

How can you stop the government from seizing your property?

If a person is aware of the possibility of such a seizure taking place and wishes to avoid it, then there is a redressal mechanism for such grievances wherein the person can petition a higher authority to issue an injunction against any seizure. However, obstructing officials at the time of seizure is an offence.

What happens if property is damaged in government custody?

If it is found that the authorities did not take care to follow the procedures outlined within the legal framework, then the onus of repairing or replacing any damaged property falls upon the department which seized the property.