Bharatiya Nyaya Sanhita, 2023
BNS Section 218
Resistance to taking of property by lawful authority of a public servant
In one line
BNS Section 218 deals with resistance to taking of property by lawful authority of a public servant and replaces IPC 183.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 218 | Resistance to the taking of property by the lawful authority of a public servant. | Imprisonment for 6 months, or fine of 10,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 218
218. Resistance to taking of property by 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.
What changed from the IPC
- IPC 183 → BNS 218: Upper limit of fine has been increased from one thousand to ten thousand rupees.
Frequently asked
What was BNS Section 218 in the IPC?
BNS Section 218 (Resistance to taking of property by lawful authority of a public servant) replaces Section 183 of the Indian Penal Code, 1860. IPC 183 is now BNS 218.
What is the punishment under BNS 218?
Resistance to the taking of property by the lawful authority of a public servant – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 218 bailable?
Bailable: BNS 218. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 213 — Refusing oath or affirmation when duly required by public servant to make it
- BNS 214 — Refusing to answer public servant authorised to question
- BNS 215 — Refusing to sign statement
- BNS 216 — False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
- BNS 217 — False information, with intent to cause public servant to use his lawful power to injury of another person
- BNS 219 — Obstructing sale of property offered for sale by authority of public servant
- BNS 220 — Illegal purchase or bid for property offered for sale by authority of public servant
- BNS 221 — Obstructing public servant in discharge of public functions
- BNS 222 — Omission to assist public servant when bound by law to give assistance
- BNS 223 — Disobedience to order duly promulgated by public servant