Section 221 BNS: Obstructing public servant in discharge of public functions
Bharatiya Nyaya Sanhita, 2023
Section 221 BNS at a Glance
Section 221 BNS deals with obstructing public servant in discharge of public functions. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 186 IPC on 1 July 2024.
Imprisonment of either description for up to three months.
Section 221 BNS Bare Act Text
221. Obstructing public servant in discharge of public functions
Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand and five hundred rupees, or with both.
Source: Section 221, Bharatiya Nyaya Sanhita, 2023
Section 221 BNS in Simple Words
Section 221 BNS of the Bharatiya Nyaya Sanhita (BNS) dealt with a person who voluntarily obstructed a public servant while that public servant was lawfully doing official work. The section applied when the officer was performing a public function and the accused intentionally came in the way, whether by physical obstruction, resistance, or conduct that prevented the work from being done. This provision was meant to protect day-to-day public administration. It could apply to many situations, such as stopping a police officer from making an arrest, preventing a revenue officer from carrying out duty, or blocking any lawful official act.
The focus is on deliberate obstruction. Mere disagreement with the officer is not enough unless it turns into actual interference. In practice, this section mattered because it allowed the State to act against conduct that disrupts lawful public duties and weakens public order.
Ingredients of Section 221 BNS
- A public servant in the discharge of his public functions
- Obstruction of that public servant by the accused
- The obstruction was voluntary
Punishment Under Section 221 BNS
Imprisonment of either description for up to three months.
The offender may be punished with fine of up to two thousand and five hundred rupees alone or with both imprisonment and fine.
Voluntarily obstructing a public servant in the discharge of his public functions carries imprisonment of either description for up to three months, or fine of up to two thousand and five hundred rupees, or both.
Example of Section 221 BNS
When Section 221 BNS Does Not Apply
- The person obstructed was not a public servant
- The public servant was not in the discharge of his public functions
- The accused did not obstruct the public servant
- The obstruction was not voluntary
Section 221 BNS in the IPC (Previous Law)
Section 221 BNS replaces Section 186 IPC from the old criminal code.
Section 186 IPC is now Section 221 BNS, with the same title and the same offence. The only change in the words is the upper limit of the fine, which rises from five hundred rupees to two thousand and five hundred rupees. The term of imprisonment stays at three months.
View IPC Section 186 →FAQs on Section 221 BNS
What kind of conduct can amount to obstruction under Section 221 BNS?▼
Any voluntary act that prevents or hampers a public servant from doing lawful duty can fall within this section. It may be physical blocking, refusing access, or creating deliberate interference. The key point is that the act must actually obstruct the official work.
Under Section 221 BNS, is mere argument with a public servant enough?▼
No, a simple argument or complaint is not enough by itself. There must be intentional obstruction of the officer while performing lawful duty. If words are used in a way that stops the officer from acting, the facts may still attract liability.
Is the offence under Section 221 BNS serious under the BNS?▼
It is a relatively minor offence. The maximum punishment is imprisonment of either description for up to three months, or fine of up to two thousand and five hundred rupees, or both. Even so, it can lead to police action and a criminal case.
What is the present law for the conduct under Section 221 BNS?▼
Section 221 BNS of the Bharatiya Nyaya Sanhita, 2023 is the current law governing this conduct. It punishes voluntarily obstructing any public servant in the discharge of public functions.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·