Code:
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 one thousand rupees, or with both.
Explanation:
- This section of the Indian Penal Code deals with the offence of resisting a public servant in the performance of their duty to seize property.
- The key elements of the offence are:
- The act must be voluntary.
- The obstruction must be directed towards a public servant.
- The public servant must be exercising their power to seize property lawfully.
- The act of seizure must be lawful, meaning it must be authorized by law and carried out in accordance with legal procedures.
- The punishment for this offence is imprisonment for up to three months, a fine, or both.
Illustration:
Imagine a police officer is trying to seize a stolen vehicle. A person tries to prevent the officer from doing so by physically blocking the officer’s access to the vehicle. This act of resistance would fall under Section 183 of the IPC.
Common Questions and Answers:
Q: What if the public servant is acting illegally?
A: If the public servant is not acting lawfully in seizing the property, then resistance would not be an offence under this section.
Q: Does the act of resistance need to be physical?
A: No, the obstruction can be physical or verbal. Any act that hinders the public servant in their duty to seize the property would constitute resistance.
Q: Can a person be charged under this section for simply questioning the public servant’s actions?
A: Questioning a public servant’s actions is not necessarily resistance. However, if the questioning is intended to obstruct the seizure process and prevents the public servant from carrying out their duty, it could be considered resistance.
