IPC Section 183: Resistance to Lawful Property Seizure by Public Servant

1. The Code:

Whoever voluntarily obstructs any public servant in the lawful exercise of his power to seize any property, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

2. 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.

3. 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.

4. 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.