Section 218 BNS: Resistance to taking of property by lawful authority of a public servant

Bharatiya Nyaya Sanhita, 2023

Section 218 BNS at a Glance

Section 218 BNS deals with resistance to taking of property by lawful authority of a public servant. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 183 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to six months.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 183 →

Section 218 BNS Bare Act Text

218. Resistance to the taking of property by the lawful authority of a public servant

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: Section 218, Bharatiya Nyaya Sanhita, 2023

Section 218 BNS in Simple Words

Section 218 BNS of the Bharatiya Nyaya Sanhita (BNS) applies when a public servant is lawfully taking property, and a person intentionally resists that taking. The focus is not on ownership disputes alone. The key issue is whether the public servant was acting under lawful authority and whether the resistance was deliberate.

This section often comes up in matters involving seizure, attachment, recovery, or delivery of property by officials such as police officers, revenue officers, or court officials. If someone blocks, obstructs, or physically resists the lawful taking of property, they can face criminal liability even if they believe the property should not be taken. The law protects the authority of public servants carrying out lawful duties, and it prevents private resistance from turning into law and order problems.

Ingredients of Section 218 BNS

  • Resistance offered to the taking of property
  • The taking was by the lawful authority of a public servant
  • The accused knew or had reason to believe that the person taking the property was a public servant

Punishment Under Section 218 BNS

Imprisonment

Imprisonment of either description for up to six months.

Fine

Fine of up to one thousand rupees under the IPC, and up to ten thousand rupees under the BNS, alone or with imprisonment.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Resisting the taking of property by the lawful authority of a public servant carries imprisonment of either description for up to six months, or fine, or both. The fine limit is one thousand rupees under the BNS and ten thousand rupees under the BNS.

Example of Section 218 BNS

A revenue officer arrives at a shop with staff and papers that give lawful authority to take certain stock. She states that she is a government officer. The shop owner knows this, stands at the storeroom door and blocks the staff from removing the stock. The shop owner is liable under Section 218 BNS for resisting the taking of property by the lawful authority of a public servant.

When Section 218 BNS Does Not Apply

  • The person taking the property was not a public servant, and the accused had no reason to believe that he was one
  • The property was not being taken by lawful authority
  • The accused offered no resistance to the taking of the property
  • The resistance was to the sale of property offered for sale by a public servant, which is punished under Section 219 BNS

Section 218 BNS in the IPC (Previous Law)

Section 218 BNS replaces Section 183 IPC from the old criminal code.

Section 183 IPC is now Section 218 BNS. The title is shortened and the words are the same, except that the upper limit of the fine is raised from one thousand rupees to ten thousand rupees. The imprisonment of up to six months is unchanged.

View IPC Section 183 →

FAQs on Section 218 BNS

Does Section 218 BNS apply if I only argued with the officer?▼

Not every argument will attract this section. There must be intentional resistance or obstruction to the lawful taking of property. A mere verbal protest, without more, may not be enough, though the facts matter a lot.

Under Section 218 BNS, what if I believed the property was mine?▼

A belief of ownership does not automatically excuse resistance. If the public servant was acting under lawful authority, physical or deliberate obstruction can still lead to liability. The proper remedy is usually to challenge the action before the appropriate authority or court.

Which officials are covered under Section 218 BNS?▼

The section covers public servants acting lawfully, including officials carrying out seizure, attachment, recovery, or delivery of property. Police officers and court officials are common examples, but the real test is lawful authority. If the authority is missing, this section may not apply.

Is Section 218 BNS a serious criminal offence?▼

It is not treated as a grave offence under the BNS. The punishment is imprisonment of either description for up to 6 months, or fine up to 10,000 rupees, or both. Even so, it can create trouble in official proceedings and should not be ignored.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·