Bharatiya Nyaya Sanhita, 2023

BNS Section 221

Obstructing public servant in discharge of public functions

In one line

BNS Section 221 deals with obstructing public servant in discharge of public functions and replaces IPC 186.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
221Obstructing public servant in discharge of his public functions.Imprisonment for 3 months, or fine of 2,500 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 221

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.

What changed from the IPC

  • IPC 186 → BNS 221: Upper limit of fine is increased from five hundred to two thousand and five hundred rupees.

Frequently asked

What was BNS Section 221 in the IPC?

BNS Section 221 (Obstructing public servant in discharge of public functions) replaces Section 186 of the Indian Penal Code, 1860. IPC 186 is now BNS 221.

What is the punishment under BNS 221?

Obstructing public servant in discharge of his public functions – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 221 bailable?

Bailable: BNS 221. 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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