BNS 219

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Introduction of BNS 219

BNS 219 deals with situations where a person intentionally obstructs the sale of property that has been lawfully offered for sale by a public servant. The section ensures that sales authorized by public servants cannot be disrupted unlawfully, maintaining the integrity of the legal process surrounding public property sales. It defines the punishments for anyone found obstructing such a sale.

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The Bharatiya Nyaya Sanhita (BNS) Section 219 replaces the old Indian Penal Code (IPC) Section 184.

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What is BNS Section 219 ?

BNS Section 219 makes it an offense to intentionally obstruct the sale of property that is legally offered for sale by a public servant. This section punishes individuals who interfere with the lawful sale process, ensuring public property sales proceed without disruption. The punishment includes imprisonment or a fine.

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BNS 219 in Simple Points

1. Obstruction of Publicly Authorized Sales:
   • This section addresses those who deliberately obstruct the sale of any property that has been put up for sale under the lawful authority of a public servant. For instance, if a person attempts to stop the auction of a government-seized property by causing a disruption or blocking the sale process, they would be in violation of this section.
2. Intentional Acts:
   • The obstruction must be intentional. This means that the individual must have purposely interfered with the sale, knowing full well that the sale was authorized by a public servant. Accidental disruptions are not covered under this section; only deliberate acts aimed at stopping or hindering the sale process are punishable.
3. Public Servant’s Legal Authority:
   • The sale in question must be conducted under the lawful authority of a public servant. This could include a court official, revenue officer, or other government-appointed individual responsible for organizing and overseeing the sale of property, usually in cases like auctions or the sale of confiscated property.
4. Punishment for Obstruction:
   • If found guilty of obstructing such a sale, the individual faces imprisonment for up to one month or a fine of up to ₹5,000, or both. This ensures that anyone attempting to block the sale of property authorized by the government or a public servant is held accountable and faces appropriate penalties.
5. Non-Cognizable and Bailable Offense:
   • Offenses under this section are non-cognizable, meaning the police cannot arrest the accused without a warrant. The offense is also bailable, which means that the individual can secure release from custody while the case proceeds. It is not an offense that requires immediate and harsh detention, as the disruption of the sale, while punishable, is not considered a serious threat to public safety.

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Section 219 BNS Overview

BNS Section 219 deals with the offense of obstructing the sale of property that has been lawfully offered for sale by the authority of a public servant. If anyone intentionally disrupts or prevents such a sale, they can face legal consequences such as imprisonment, a fine, or both. This section ensures that property sales managed by public servants are not interfered with, thus protecting the lawful process.

BNS Section 219: 10 Key Points Explained in Detail

1. Intentional Obstruction of a Sale:
   • The section only applies when the obstruction is intentional. This means the person must knowingly disrupt the sale. Accidental interference or disruptions caused without intent are not punishable under this section. For example, if someone blocks the entryway to an auction site deliberately, it would fall under this section.
2. Public Servant’s Authority:
   • The sale must be conducted by a public servant with lawful authority. A public servant, such as a court officer or a government auctioneer, is someone who has the legal power to conduct the sale. Any disruption to sales not managed by public servants, such as private sales, is not covered by this section.
3. Sale of Property:
   • The property in question could be anything, including land, buildings, vehicles, or any movable or immovable assets. The section applies broadly to all types of property sold under a legal process initiated by a public servant.
4. Lawful Offering of the Sale:
   • The sale must be lawfully offered, meaning it has gone through the required legal procedures. For example, if a property is seized by the government for non-payment of taxes and is being sold by public auction, this section ensures no one can unlawfully stop the sale.
5. Simple Imprisonment:
   • The punishment includes simple imprisonment, which means the person convicted will not have to undergo hard labor but will still serve a sentence in jail. The imprisonment term can extend to one month, depending on the severity of the disruption.
6. Fine:
   • The section also allows for a fine of up to ₹5,000 for anyone convicted of obstructing the sale. The fine acts as a monetary penalty in cases where imprisonment may not be necessary.
7. Combination of Imprisonment and Fine:
   • In some cases, both imprisonment and a fine can be imposed. The judge has the discretion to decide based on the severity of the offense and the circumstances surrounding the obstruction.
8. Non-Cognizable Offense:
   • This is a non-cognizable offense, meaning that the police cannot arrest the accused without a warrant. The case needs to go through the proper legal process, and the police can only act based on a court order.
9. Bailable Offense:
   • Offenses under this section are bailable, which means the accused has the right to seek bail and be released from custody until the trial concludes. This indicates that the offense is not considered as grave as more serious crimes, though it is still punishable.
10. Triable by Any Magistrate:
    • Cases under this section can be tried by any Magistrate, making it easier to handle such cases in courts across the country. Magistrates at different levels have the authority to try these cases and hand down appropriate sentences.

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BNS 219 Punishment

1. Imprisonment:
   • The punishment for obstructing a sale under this section can lead to simple imprisonment for up to one month. Simple imprisonment means the convicted person will not be subjected to hard labor but will still serve time in jail as a penalty for their unlawful obstruction of the sale.
2. Fine:
   • As an alternative or addition to imprisonment, the offender may be fined up to ₹5,000. The fine serves as a monetary punishment for obstructing the legal sale process, and the offender can be subjected to both a fine and imprisonment if the court deems it necessary.

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BNS 219 bailable or not ?

BNS Section 219 is bailable. This means that the accused has the right to request bail, allowing them to stay out of custody until the case is decided in court.

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Bharatiya Nyaya Sanhita Section 219

Section Number	Offense	Punishment	Cognizable or Non-Cognizable	Bailable or Not	Trial Court
219	Obstructing the sale of property offered for sale by a public servant	Imprisonment up to 1 month, or fine up to ₹5,000, or both	Non-Cognizable	Bailable	Any Magistrate

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BNS Section 219 FAQs

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