Section 183 IPC: Resistance to the taking of property by the lawful authority of a public servant

Indian Penal Code, 1860

Section 183 IPC at a Glance

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

Punishment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
BNS Equivalent

Section 218 โ†’

Section 183 IPC Bare Act Text

183. 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 one thousand rupees, or with both.

Source: Section 183, Indian Penal Code, 1860

Section 183 IPC in Simple Words

Section 183 of the Indian Penal Code (IPC) punishes a person who offers any resistance to the taking of any property by the lawful authority of a public servant, knowing or having reason to believe that he is a public servant.

The punishment is imprisonment of either description for up to six months, or fine of up to one thousand rupees, or both.

The offence is non-cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 183 IPC

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

Punishment Under Section 183 IPC

Imprisonment

Imprisonment of either description for a term which may extend to six months, or fine, or both.

Fine

Fine which may extend to one thousand rupees, alone or with imprisonment.

Bailable โ“˜Non-Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

Resisting the taking of property by the lawful authority of a public servant is punishable with imprisonment of either description for up to six months, or with fine of up to one thousand rupees, or with both.

Example of Section 183 IPC

In 2018 in Jaipur, a court bailiff went to a farm with a valid attachment warrant issued by a civil court empowering him to seize a tractor belonging to Mahesh. The bailiff wore his official badge and showed the warrant to Mahesh, so Mahesh knew that the bailiff was a public servant acting with lawful authority to take the tractor. When the bailiff tried to move the tractor, Mahesh locked the farm gate and pushed him back, offering resistance to the taking of the property. Mahesh is punishable under Section 183 IPC.

When Section 183 IPC Does Not Apply

  • Section 183 IPC does not apply when the person seizing the property is not a public servant and the accused has no reason to believe that he is one.
  • Section 183 IPC does not apply when the public servant lacks lawful authority to take the property, such as when acting under an expired or invalid warrant.
  • Section 183 IPC does not apply when the property owner merely expresses verbal protest without offering any resistance to the seizure.
  • Section 183 IPC does not apply when a person obstructs an auction of property conducted by a public servant rather than resisting the taking of property, as that falls under Section 184 IPC.

Section 183 IPC in the BNS

Section 183 IPC is now covered under Section 218 BNS.

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 detailed comparison (IPC 183 vs BNS 218) โ†’

FAQs on Section 183 IPC

What does Section 183 IPC provide?โ–ผ

It punishes offering any resistance to the taking of any property by the lawful authority of a public servant, where the accused knows or has reason to believe that he is a public servant.

What is the punishment under Section 183 IPC?โ–ผ

Imprisonment of either description for up to six months, or fine of up to one thousand rupees, or both.

How does Section 183 IPC differ from Section 184 IPC?โ–ผ

Section 183 IPC punishes resistance to the taking of property by the lawful authority of a public servant. Section 184 IPC punishes obstructing the sale of property offered for sale by the authority of a public servant.

What must the accused know under Section 183 IPC?โ–ผ

The accused must know or have reason to believe that the person taking the property is a public servant.

Is an offence under Section 183 IPC cognizable and bailable?โ–ผ

It is non-cognizable and bailable.

Which court tries an offence under Section 183 IPC?โ–ผ

Any Magistrate.

Can an offence under Section 183 IPC be compounded?โ–ผ

No. It is not listed in Section 320 CrPC.

Where is Section 183 IPC in the Bharatiya Nyaya Sanhita?โ–ผ

In Section 218 BNS.

Have questions about Section 183 IPC?

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

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท