Consult an Expert
Business Setup
Prefer to talk to a business advisor first?
Book a call backTax & Compliance
Prefer to talk to a business advisor first?
Book a call backTrademark & IP
Prefer to talk to a business advisor first?
Book a call backDocumentation
Prefer to talk to a business advisor first?
Book a call backOthers
Prefer to talk to a business advisor first?
Book a call back
Consult an Expert
Business Setup
Tax & Compliance
Trademark & IP
Documentation
Others
More
Consult an Expert
Business Setup
International Business Setup
Company Name Search
Licenses & Registrations
Web Development
Tax & Compliance
GST and Other Indirect Tax
Changes in Pvt Ltd Company
Changes In Limited Liability Partnership
Mandatory Annual Filings
Labour Compliance
Accounting & Tax
Trademark & IP
Trademark
Design Registration
Documentation
Free Legal Documents
Business Contracts
Personal & Family
Notices
HR Policies
Others
Calculator
NGO Registration
NGO Compliance
Licenses & Registrations
Name Change & Other Conditiions
File an e-FIR
Marriage
File a Consumer Complaint
Lawyer Services
Login
BNS Section 221: Obstructing Public Servant In Discharge Of Public Functions
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:
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:
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:
Punishment for offence:
Exceptions to offence:
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. |
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 221 of the Bharatiya Nyaya Sanhita (BNS)
Talk To Experts
Calculators
Downloads
By continuing past this page, you agree to our Terms of Service , Cookie Policy , Privacy Policy and Refund Policy © - Uber9 Business Process Services Private Limited. All rights reserved.
Uber9 Business Process Services Private Limited, CIN - U74900TN2014PTC098414, GSTIN - 33AABCU7650C1ZM, Registered Office Address - F-97, Newry Shreya Apartments Anna Nagar East, Chennai, Tamil Nadu 600102, India.
Please note that we are a facilitating platform enabling access to reliable professionals. We are not a law firm and do not provide legal services ourselves. The information on this website is for the purpose of knowledge only and should not be relied upon as legal advice or opinion.
