Bharatiya Nyaya Sanhita, 2023 — Section 218
Resistance to Taking of Property by Lawful Authority of a Public Servant
Section 218 punishes whoever offers resistance to the taking of any property by the lawful authority
of a public servant, knowing or having reason to believe that they are such a public servant, with
imprisonment of either description for up to six months, or fine of up to ten thousand rupees, or
both.
Please note: This page reflects our understanding of the law as of the date it was
last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret
this law, and this page may not yet reflect the most recent change. Please verify the current text
of the law independently, and consult a licensed advocate for advice on your own matter, before
relying on this page.
Corresponding Provision Under Prior Law
Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan
Portal), which maps Section 218 to old IPC Section 183, and independently against the text of
Section 183 itself as found in the edition of the Indian Penal Code, 1860 consulted for this book.
| BNS section | IPC, 1860 equivalent | Category |
|---|
| 218 | 183 | Substantively changed |
Substantively changed: the conduct element, mental element, and imprisonment
punishment (up to six months) are identical to old IPC Section 183. The fine cap has been raised
from one thousand rupees to ten thousand rupees.
Quick Reference
Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishable with imprisonment for 6 months, or fine of 10,000 rupees, or both — non-cognizable, bailable, and triable by any Magistrate. Not compoundable: Section 218 appears in neither compounding table of Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the First Schedule, “any Magistrate” does not include Executive Magistrates (Explanatory Note (2)).
Statutory Text (Verbatim)
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.
Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.
Resisting the lawful taking of property by a public servant
Explanation (Lexovia's Commentary)
A person who offers resistance to the taking of property by the lawful authority of a public
servant, knowing or having reason to believe they are such a public servant, commits this offence.
Illustration (Lexovia's Own Example)
A person, knowing an official is lawfully seizing goods under proper authority, physically
obstructs the seizure. This falls within Section 218.
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Related / Cross-Referenced Sections
Section 217 (False information, with intent to cause public servant to use his lawful power to the
injury of another person); Section 219 (Obstructing sale of property offered for sale by authority
of public servant, the next section of Chapter XIII). (Shown as plain references for now; once the
site exists these become direct links.)
FAQs
Does the person need to know for certain that the individual is a public servant?
No. It is enough that the person knows or has reason to believe the individual is such a
public servant.
What is the punishment under this section?
Imprisonment of either description up to six months, or fine up to ten thousand rupees, or
both.
What changed compared to the old law?
The fine cap has been raised from one thousand rupees to ten thousand rupees. The conduct and
imprisonment cap are unchanged.
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