IPC Section 183 - Resistance to the Taking of Property by the Lawful Authority of a Public Servant
Whoever offers any resistance to the taking of his property by the lawful authority of any public servant, knowing that such public servant is acting under the authority of a 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 one thousand rupees, or with both.
Official Text
“Whoever offers any resistance to the taking of his property by the lawful authority of any public servant, knowing that such public servant is acting under the authority of a 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 one thousand rupees, or with both.”
Legal Analysis
Elements to Prove:
- The accused offered resistance to taking of property.
- The taking was by lawful authority of a public servant.
- The accused knew the public servant was acting lawfully.
- The resistance was intentional and not accidental.
Potential Defenses:
- The taking was not by lawful authority.
- The accused had no knowledge of the authority.
- The resistance was not intentional.
- The accused had a legal right to resist.
Practical Examples
What Constitutes the Offense:
A person resisting police seizure of contraband, or refusing to hand over documents during a raid.
What Doesn't Constitute:
A person questioning the legality of seizure, or resisting unlawful seizure.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court held that this section applies to resisting lawful seizure of property by public servants.
Punishment
Imprisonment for up to 6 months, or Fine up to ₹1,000, or both
Related Information
Connected Sections:
This section deals with resisting lawful authority. It is often charged alongside other obstruction offenses.
Procedural Aspects:
No government sanction is required. The case is triable by any Magistrate.