Section 219 BNS - Obstructing Sale of Property Offered for Sale by Authority of Public Servant

Section 219 of the Bharatiya Nyaya Sanhita, 2023 punishes intentional obstruction of a sale of property that is offered for sale under the lawful authority of a public servant acting in that official capacity.

Text of Section 219, Bharatiya Nyaya Sanhita, 2023

Meaning and Scope of Section 219 BNS

Section 219 protects a sale process lawfully conducted under the authority of a public servant. The provision applies where a person intentionally interferes with or obstructs a sale that is legally authorised.

Two features are important. First, the sale must be backed by lawful authority. Second, the obstruction must be intentional. A mere accidental disruption, or conduct relating to a sale that is not lawfully authorised, does not by itself satisfy the wording of Section 219.

Essential Ingredients of the Offence

1. There must be a sale of property, or a property sale process, offered under the authority of a public servant.
2. The authority under which the sale is offered must be lawful.
3. The public servant must be acting in that official capacity.
4. The accused must obstruct the sale.
5. The obstruction must be intentional.

Meaning of Public Servant

Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 defines public servant by identifying specified categories of persons holding public office or discharging public functions under law. For Section 219, the relevant public servant must be acting under lawful authority in relation to the sale.

Punishment and Classification under Section 219 BNS

What Does "Lawful Authority" Mean?

The expression lawful authority means that the sale must be supported by legal power vested in the public servant. Depending on the circumstances, such authority may arise under laws dealing with attachment, recovery, execution, revenue, taxation, forfeiture, confiscation, regulatory enforcement or other legally authorised sale processes.

Intentional Obstruction is Required

Section 219 expressly uses the word intentionally. The prosecution must therefore establish that the obstruction was deliberate. Whether particular conduct amounts to obstruction is a factual question that depends on the nature of the sale process, the act complained of and the surrounding circumstances.

Section 219 BNS and Former IPC Section 184

Section 219 BNS corresponds to former Section 184 of the Indian Penal Code, 1860, which dealt with obstructing a sale of property offered for sale by the authority of a public servant. Under the BNS, the maximum fine is Rs. 5,000.

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. The Sanhita came into force on 1 July 2024, except the separately excluded provision contained in Section 106(2).

Related BNS Sections

• Section 211 - Omission to give notice or information to public servant by person legally bound to give it
• Section 212 - Furnishing false information
• Section 213 - Refusing oath or affirmation when duly required by public servant to make it
• Section 214 - Refusing to answer public servant authorised to question
• Section 215 - Refusing to sign statement
• Section 216 - False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
• Section 217 - False information with intent to cause public servant to use lawful power to injury of another person
• Section 218 - Resistance to taking of property by lawful authority of a public servant
• Section 219 - Obstructing sale of property offered for sale by authority of public servant
• Section 220 - Illegal purchase or bid for property offered for sale by authority of public servant

This page provides general legal information. Application of Section 219 depends on the facts, the source of lawful authority for the sale, the nature and intention of the alleged obstruction and the applicable procedural law.