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BNS Section 219: Obstructing Sale Of Property Offered For Sale By Authority Of Public Servant
Section 219 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 219 specifically deals with resisting authority of a public servant. Let us take a closer look at its provisions.
Definition of BNS Section 219
Section 219 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.”
Explanation and Illustration of BNS Section 219
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 selling a property.
There are a certain class of government officials whose duties entail the physical seizing of properties and auctioning them therefore. These are cases where the government may seize and sell a property in order to satisfy a judicial ruling. Some of the cases in which a government may seize and auction a property are:
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.
Section 219 specifically deals with persons offering resistance to the sale of any property by the lawful authority. Any act of resistance or obstruction against a government servant who is in the process of selling a property in the course of his official duties is an offence under section 219, provided that it meets the following two conditions:
If the above two conditions are met, i.e., a lawful officer after identifying himself and producing the relevant order proceeds to seize and sell a property, and such act of sale 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 219
This section deals with: Obstructing a public official from selling property
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 219 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 219 of BNS replaces IPC Section 184. 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 |
|---|---|---|---|
| 219 | Obstructing sale of property offered by authority of public servant for sale. | 184 | Upper limit of fine has been increased from five hundred to five thousand rupees. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 219 of the Bharatiya Nyaya Sanhita (BNS)
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