Section 183 IPC - Resistance to Taking Property by Lawful Authority of a Public Servant
Section 183 of the Indian Penal Code, 1860 punished resistance to the taking of property by the lawful authority of a public servant where the person resisting knew, or had reason to believe, that the person exercising the authority was a public servant.
Section 183 IPC - Statutory Provision
Resistance to the taking of property by the 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 one thousand rupees, or with both.
Meaning of Section 183 IPC
The provision protected the lawful exercise of public authority when a public servant was legally empowered to take property. Its focus was not simply on disagreement with official action, but on resistance to a taking that was backed by lawful authority and accompanied by the required knowledge concerning the status of the public servant.
Essential Ingredients of Section 183 IPC
- There must be property: the subject of the taking must be property.
- A public servant must be taking the property: the taking must be attributable to a public servant acting in that capacity.
- The taking must be under lawful authority: lawful authority is an express element of the section.
- The accused must offer resistance: there must be resistance to the taking of the property.
- Knowledge concerning official status: the person resisting must know, or have reason to believe, that the person exercising the authority is a public servant.
What Does "Lawful Authority" Mean?
For Section 183 to apply, the taking of property must be supported by lawful authority. This requirement distinguishes resistance covered by the section from a situation in which a person merely claims official status without legal authority to take the property. Whether the authority was lawful depends on the legal power relied upon and the facts of the particular proceeding.
Meaning of "Public Servant"
The expression "public servant" was defined for the IPC in Section 21 of the Indian Penal Code, 1860. Section 183 additionally required that the person offering resistance knew or had reason to believe that the person taking the property was such a public servant.
Punishment Under Section 183 IPC
| Offence | Resistance to the taking of property by the lawful authority of a public servant. |
|---|---|
| Maximum imprisonment | Six months, of either description. |
| Fine | Up to Rs. 1,000 under the IPC text applicable before BNS. |
| Alternative punishment | Imprisonment, fine, or both. |
Section 183 IPC and Section 195 CrPC
Section 183 formed part of IPC Sections 172 to 188. Under Section 195(1)(a) of the Code of Criminal Procedure, 1973, a court could not take cognizance of an offence punishable under those sections except upon a written complaint of the public servant concerned or of another public servant to whom that public servant was administratively subordinate.
This special cognizance requirement was a procedural safeguard and had to be considered separately from proof of the substantive ingredients of Section 183 IPC.
Difference Between Section 183 and Nearby IPC Provisions
Section 183 specifically dealt with resistance to the lawful taking of property by a public servant. Section 184 dealt with intentional obstruction of a sale of property offered for sale by lawful public authority, while Section 185 dealt with specified unlawful purchasing or bidding at such a sale. Section 186 more generally dealt with voluntarily obstructing a public servant in the discharge of public functions.
Pre-BNS Legal Position
Section 183 belonged to Chapter X of the Indian Penal Code concerning contempts of the lawful authority of public servants. The provision reproduced and explained on this page reflects the IPC position before commencement of the Bharatiya Nyaya Sanhita, 2023. For conduct or proceedings spanning the change in criminal laws, the relevant saving and transitional provisions must be considered on the facts.
Legal information: This article provides general information about the statutory provision and does not replace legal advice concerning a particular proceeding or set of facts.