Bharatiya Nyaya Sanhita, 2023
Section 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.
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.