BNS Section 183 - Resistance to Public Servant

Whoever offers any resistance to the taking of property by the lawful authority of any public servant, knowing that such public servant is acting as such in the discharge of his duty, shall be punished.

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Bailable, Non-cognizable

Official Text

“Whoever offers any resistance to the taking of property by the lawful authority of any public servant, knowing that such public servant is acting as such in the discharge of his duty, shall be punished.”

Legal Analysis

Elements to Prove:

  • Offering resistance.
  • To taking of property.
  • By lawful authority of public servant.

Potential Defenses:

  • No resistance offered.
  • Unauthorized action.
  • Lawful resistance.

Practical Examples

What Constitutes the Offense:

Resisting police seizure, refusing to surrender property, obstructing lawful confiscation.

What Doesn't Constitute:

Questioning authority, seeking clarification, or lawful resistance.

Punishment

Imprisonment up to 6 months, or Fine up to ₹1,000, or both

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