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Section 218: Resistance to Taking of Property by Lawful Authority of Public Servant

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 183 IPC
Section 217 All 358 Sections of Bharatiya Nyaya Sanhita Section 219

Legal Commentary & Landmark Judgments: Section 218

Section 218 punishes offering resistance to the taking of property by the lawful authority of a public servant, knowing or having reason to believe that the officer is acting lawfully.

  • Lawful Attachment or Seizure: A public servant acting under lawful authority to take possession, seize, or attach property.
  • Knowledge of Lawful Authority: The accused knows or has reason to believe that the officer is acting under lawful authority.
  • Overt Resistance: Active physical resistance or obstruction offered to prevent the seizure or taking.
Key Landmark Precedents:
  • P. Parasuramaiah v. State of A.P. (1973) 2 SCC 669: Held that if the attachment warrant is defective on its face or issued without jurisdiction, offering peaceful resistance does not attract penal liability.
  • State of Karnataka v. K.A. Kunchindammed (2002) 9 SCC 90: Affirmed that armed resistance against forest or revenue officers executing valid seizure warrants constitutes a grave public offence.
Courtroom Practice & Strategic Litigation Guidance:

Defence counsel must examine the validity of the attachment warrant (expiry of date, correct description of property, jurisdiction of issuing court). If the warrant was ultra vires, resistance is justified in law.

Section 217 All 358 Sections of Bharatiya Nyaya Sanhita Section 219