BNS Section 221: Obstructing Public Servant

Section 221 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 221 specifically deals with obstructing a public servant from performing their duty. Let us take a closer look at its provisions.

Definition of BNS Section 221

Section 221 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand and five hundred rupees, or with both.”

Explanation and Illustration of BNS Section 221

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of obstructing any public servant in the discharge of his public functions.

A public function is defined as an activity undertaken for the benefit of the general public, performed by the government as part of its routine function. Examples of public functions include:

Executing works of public infrastructure

Preventing offences

Giving information about offences

Bringing offenders to justice

Protecting public health, safety, or convenience

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 action, 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 218 specifically deals with persons obstructing a public servant in discharge of his or her public function. However, such acts of obstruction must meet the following two conditions in order to qualify as an offence under section 221:

The public function being performed by the officer must be performed in discharge of their duty. In other words, the officer must be in a position of authority to perform the public function or must have an order issued by a person authorised to order the performance of the public function. If the public function is being discharged voluntarily, outside the scope of their mandated duties, then it can be challenged without offending the provisions of section 221.

The act of obstruction must be done voluntarily. If the act of obstruction was performed by mistake then it shall not amount to an offence. And if the act was performed by being misled or under the influence of someone else, then the person directing such obstruction shall be considered as the offender. However, if the person performing the act of obstruction is doing so at the bidding of someone else in exchange for remuneration and knowing that the act is counterproductive to the performance of a public function by an authorised public official, then both parties shall be guilty of obstructing a public servant from discharging public function.

If the act of obstruction meets the above two conditions, then the person performing the act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand and five hundred 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 221

This section deals with: Obstructing a public official from discharge of duty.

Description of offence:

Any person found guilty of obstructing a public servant from discharging his or her 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 three months, or with fine which may extend to two thousand and five hundred 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 221 of BNS and its Equivalent IPC Section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 221 of BNS replaces IPC Section 186. 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
221	Obstructing public servant in discharge of public functions.	186	Upper limit of fine is increased from five hundred to two thousand and five hundred rupees.

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FAQs about Section 221 of the Bharatiya Nyaya Sanhita (BNS)

What are the penalties for obstructing a public servant under this section?

Any person found guilty of obstructing a public servant from discharging his or her duty shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand and five hundred rupees, or with both.

What should individuals do if they believe a public servant is acting unlawfully?

Any person who finds a public servant to be acting unlawfully should report it to the appropriate authorities through legally prescribed authorities or redressal forums. Directly challenging the authority of a public official, however, is considered to be an offence under the provisions of BNS

What happens if obstruction causes delays in essential services?

A person who obstructs a public servant from performing their duty, no matter what the consequence, shall be punishable under the provisions of this section.

What happens if obstruction leads to harm to public property or resources?