IPC Section 183 and BNS Section 218: Resistance to Taking Property by Lawful Authority

Resisting the lawful taking of property by a public servant is a criminal offence in India. This guide explains the former Section 183 of the Indian Penal Code, 1860 (IPC), its corresponding current provision under Section 218 of the Bharatiya Nyaya Sanhita, 2023 (BNS), the ingredients of the offence, punishment and procedure.

Current law: BNS Section 218 applies under the new criminal law framework effective from 1 July 2024. IPC Section 183 remains relevant to earlier conduct, subject to repeal, savings and transitional provisions. The maximum fine increased from Rs. 1,000 under IPC Section 183 to Rs. 10,000 under BNS Section 218.

What is the offence under BNS Section 218?

Section 218, Bharatiya Nyaya Sanhita, 2023, is titled Resistance to taking of property by lawful authority of a public servant. It punishes a person who offers resistance to the taking of property by the lawful authority of a public servant while knowing, or having reason to believe, that the person exercising the authority is a public servant.

The earlier IPC Section 183 addressed the same conduct. Its core wording and the maximum term of imprisonment have been retained in the BNS, while the maximum fine has increased.

Essential ingredients of the offence

Taking of property: A public servant is taking property, such as under a legally authorised seizure, attachment or other process.
Lawful authority: The taking must be supported by the public servant's lawful authority. An action lacking lawful authority may not satisfy this element.
Resistance: The accused offers resistance to the taking. Whether the conduct constitutes resistance depends on the evidence and circumstances.
Knowledge: The accused knows, or has reason to believe, that the person taking the property is a public servant.

Public servant is a defined legal expression under the BNS; it is not limited to police officers. The officer's status, powers and the legal basis for the particular taking must be examined together.

Punishment under IPC Section 183 and BNS Section 218

Provision	Maximum imprisonment	Maximum fine
IPC Section 183 (earlier law)	Six months, imprisonment of either description	Rs. 1,000, or both imprisonment and fine
BNS Section 218 (current provision)	Six months, imprisonment of either description	Rs. 10,000, or both imprisonment and fine

Imprisonment of either description means simple imprisonment or rigorous imprisonment, as the law permits. The punishment is a maximum, not a mandatory sentence.

Is BNS Section 218 cognizable and bailable?

According to the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence is non-cognizable, bailable and triable by any Magistrate. For a non-cognizable offence, police investigation generally requires a Magistrate's order under the BNSS; the presence of other alleged offences may affect the procedural position.

Practical examples

Example 1 - Lawful attachment: A competent officer arrives to attach property pursuant to a valid legal order. A person aware of the officer's authority physically prevents the taking. If the required elements are proved, Section 218 may apply.

Example 2 - Lawful seizure: An authorised public servant lawfully seizes goods under an applicable statute. A person who knows the officer's status forcibly blocks removal of the goods may attract Section 218, depending on the circumstances.

Example 3 - Disputed authority: A person requests to see the relevant order or challenges an allegedly unlawful seizure through the proper legal process. Such conduct does not automatically constitute the offence. The lawfulness of the taking and whether resistance actually occurred remain material questions.

Procedure, defences and legal safeguards

Before treating conduct as an offence under Section 218, it is important to identify the property, the statutory power relied upon, any warrant or attachment order, the public servant's legal competence and the alleged act of resistance. Evidence may include the relevant order, inventory, seizure memorandum, witness statements and recordings.

A person affected by an attachment or seizure can seek the remedies available under the law governing that process, including objections or judicial review where applicable. The existence of a dispute over ownership alone does not authorise physical obstruction of an otherwise lawful process.

Section 218 is distinct from BNS Section 219 (obstructing a sale of property offered for sale by authority of a public servant) and BNS Section 221 (obstructing a public servant in discharge of public functions). The specific conduct determines which provision, if any, applies.

Frequently asked questions

What is the BNS equivalent of IPC Section 183?

Section 218 of the Bharatiya Nyaya Sanhita, 2023.

What is the punishment under BNS Section 218?

Imprisonment of either description for up to six months, or a fine up to Rs. 10,000, or both.

Is the offence bailable?

Yes. The BNSS First Schedule classifies BNS Section 218 as bailable and non-cognizable.

Does every objection to seizure amount to resistance?

No. The prosecution must establish resistance to a taking under lawful authority, along with the required knowledge or reason to believe that the person involved was a public servant.

Can a public servant take property without legal authority?

Public servants must act within the powers conferred by applicable law. Whether a particular taking is lawful depends on the statute, orders and facts involved.

Official legislation and further reading

This article is general legal information, not a substitute for advice on a particular seizure, attachment or prosecution.