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Introduction of BNS 218

BNS 218 of the Bharatiya Nyaya Sanhita deals with resisting the lawful authority of a public servant who is acting to take possession of property. If someone resists or opposes this lawful act, knowing that the person is a public servant, they are committing an offence under this section. The law is designed to ensure that the actions of public servants in their official duties are not hindered or resisted.


The Bharatiya Nyaya Sanhita (BNS) Section 218 replaces the old Indian Penal Code (IPC) Section 183.



What is BNS Section 218 ?

Section 218 of the Bharatiya Nyaya Sanhita addresses the offence of resisting a public servant who is lawfully attempting to take property. If a person knowingly resists this action, knowing or having reason to believe the individual is a public servant, they can be punished with imprisonment or a fine. The section ensures that public servants can carry out their legal duties without obstruction.


BNS 218: Resisting a public servant in lawful duty or action.
BNS Section 218: Punishment for resisting public servant action.

BNS 218 in Simple Points

  1. Resistance to Public Servant’s Authority
    This section applies when a person actively resists the lawful authority of a public servant who is trying to take possession of property. Resistance means any action that tries to block or oppose the public servant from doing their duty.
  2. Knowing the Person is a Public Servant
    For this section to apply, the person resisting must know, or have good reason to believe, that the individual attempting to take the property is a public servant. This is crucial because the offence is based on intentionally opposing legal authority.
  3. Lawful Taking of Property
    The public servant must be acting within the scope of their legal authority when trying to take the property. This section does not cover cases where the public servant is acting unlawfully. It only applies when the act is within their official duties.
  4. Non-Cognizable Offence
    BNS Section 2218 is classified as a non-cognizable offence, meaning the police cannot arrest the accused without a warrant. Any action requires judicial authorization, ensuring the accused’s rights are protected.
  5. Bailable Offence
    This is a bailable offence, meaning the accused has the right to apply for bail. They can avoid staying in custody until the trial is completed, provided bail is granted.

Section 218 BNS Overview

BNS Section 218 refers to the resistance against a public servant when they are lawfully taking possession of property. This law states that if someone deliberately tries to resist the lawful taking of property by a public servant, knowing that the public servant is acting within their legal powers, they can face legal penalties. The law enforces accountability to prevent disruptions in the execution of lawful duties.

BNS Section 218 in Simple Points (10 Key Points)

  1. Resistance to Property Takeover
    BNS Section 218 punishes anyone who resists the lawful act of a public servant taking property. This property could be confiscated as part of an investigation or for legal reasons, and resistance against this act is considered a crime.
  2. Knowing the Public Servant’s Authority
    The individual must know, or have reason to believe, that the person taking the property is indeed a public servant. This clause ensures that resistance is punishable only if the person being resisted is recognized as having the lawful authority to act.
  3. Lawful Authority
    The public servant must be acting within their lawful authority, which means they are performing a legal duty, such as seizing property for an investigation or enforcing a court order. This section does not apply if the public servant is acting unlawfully.
  4. Imprisonment for Up to Six Months
    If found guilty, the person who resisted the lawful taking of property may face imprisonment for up to six months. The duration of imprisonment depends on the circumstances of the resistance and the legal proceedings.
  5. Fine of Up to 10,000 Rupees
    In addition to imprisonment, the individual may also face a fine of up to 10,000 rupees. This fine serves as a financial penalty to deter such actions and ensure compliance with legal orders.
  6. Non-Cognizable Offence
    This is a non-cognizable offence, meaning that the police cannot arrest someone without a warrant. They cannot act on their own discretion; the matter must be brought to court before an arrest can be made.
  7. Bailable Offence
    Being a bailable offence, the individual can apply for bail, and if granted, they may be released during the trial process, before the completion of their case.
  8. Triable by Any Magistrate
    This offence can be tried by any Magistrate, depending on the seriousness of the case. It could be handled in any court of law that has jurisdiction, typically in the local court where the incident occurred.
  9. Non-Compoundable
    The offence under this section is non-compoundable, meaning it cannot be settled through an out-of-court arrangement between the parties. The matter must be handled through legal proceedings.
  10. Protection of Public Servant’s Lawful Powers
    The essence of this section is to ensure that public servants can carry out their lawful duties without facing unlawful resistance, ensuring that legal processes and procedures are followed smoothly.

Example 1:

A public servant, such as a tax officer, arrives at a property to seize goods that are owed as part of unpaid taxes. The owner of the property physically tries to stop the officer from taking the goods, knowing that the officer is legally authorized to seize the property. In this case, the property owner would be committing an offence under Section 218.

Example 2:

During a police investigation, a public servant arrives to confiscate property that has been linked to a criminal activity. The person whose property is being taken physically stops the officer, even though they know the officer is acting lawfully. Here, the person can be charged under BNS Section 218 for resisting the public servant’s lawful actions.


BNS 218 Punishment

  1. Imprisonment
    A person convicted under BNS Section 218 can be sentenced to imprisonment for up to six months. The length of the sentence depends on the nature of the resistance and the situation in which it occurred.
  2. Fine
    In addition to imprisonment, the person may also be fined up to 10,000 rupees. The court can impose either imprisonment, a fine, or both, depending on the severity of the offence.

BNS 218: Imprisonment or fine for resisting public servant action
BNS 218 Punishment: Up to 6 months jail or ₹10,000 fine.

BNS 218 bailable or not ?

BNS Section 218 is a bailable offence. The accused has the right to request bail and, if granted, can avoid remaining in custody during the trial process.


Bharatiya Nyaya Sanhita Section 218

SectionOffencePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
BNS Section 218Resistance to taking property by lawful authority of public servantImprisonment up to 6 months, or fine up to 10,000 rupees, or bothBailableNon-CognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 218

BNS Section 218 FAQs

What does BNS Section 218 cover?

What is the punishment under BNS Section 218?

Is BNS Section 218 a bailable offence?

Yes, BNS Section 218 is a bailable offence. This means the accused can apply for bail and may not need to remain in custody during the trial.

Is BNS Section 218 a cognizable offence?

Who can try cases under BNS Section 218?

Can someone be fined without being imprisoned under BNS Section 218?


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