Section 218 of the Bharatiya Nyaya Sanhita (BNS) addresses the offense of resisting a public servant in the lawful execution of their duties, specifically concerning the taking of property.
Key Provisions of BNS Section 218
- Offense Defined: The section states that any individual who resists a public servant while they are lawfully taking property, and who knows or has reason to believe that the person is a public servant, is committing an offense.
- Punishment: Those found guilty under this section may face:
- Imprisonment for a term that may extend up to six months,
- A fine that may reach ten thousand rupees, or
- Both imprisonment and fine.
- Nature of the Offense: The offense is classified as non-cognizable, meaning that police cannot arrest without a warrant, and it is bailable, allowing for temporary release pending trial.
- Jurisdiction: Cases under this section are triable in any Magistrate’s Court.
Importance of Section 218
This provision emphasizes the necessity of respecting the authority of public servants and maintaining order during official actions related to property. For instance, if a public servant is executing a lawful order to confiscate illegally held goods, obstructing this action can result in prosecution under Section 218.Overall, BNS Section 218 serves to uphold legal authority and ensure compliance with lawful directives from public servants.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
