सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 218

Resistance to taking of property by lawful authority of a public servant

Why this exists

This provision continues a long-standing rule (originally Section 183 of the Indian Penal Code, 1860) meant to ensure that lawful government functions—like tax recovery, customs seizures, court-ordered attachments, or police confiscation of evidence—can be carried out without violent or forceful obstruction by citizens. It balances respect for private property with the state's need to enforce lawful orders smoothly.

Common misconceptions
  • Myth: You can never resist any government official taking your property.
    Fact: This law only punishes resistance to a public servant acting under lawful authority. If the seizure itself is illegal or unauthorized, this section does not automatically apply.
  • Myth: You must recognize the officer's exact rank or department for the law to apply.
    Fact: It only requires that you knew or had reason to believe the person taking the property was a public servant acting officially—not that you knew their specific title or department.