📘 Section 140 – Resistance or Obstruction to Lawful Seizure of Property

Under the Bharatiya Nyaya Sanhita (BNS), 2023

Category: Criminal Law
Language: English
Word Count: ~3000
Published by: Legal India 999

🧭 Introduction

In any criminal or civil enforcement process, government authorities — such as police officers, revenue officials, or court-appointed receivers — are empowered to seize or attach property. This might happen during investigations, tax recovery, debt enforcement, or criminal prosecution.

But what happens when a person resists or obstructs such lawful action? Can they physically block officials? Can they refuse to hand over keys, hide assets, or incite others to protest?

Section 140 of the Bharatiya Nyaya Sanhita (BNS), 2023) deals with this exact situation — punishing those who resist the lawful seizure or possession of property by authorities acting under legal orders.

📜 Bare Text of Section 140

"Whoever intentionally offers any resistance or illegal obstruction to the lawful taking of any property by the direction of a public servant, or attempts to do so, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both."

🎯 Objectives of Section 140

The provision serves critical purposes:

To uphold the authority of the State in enforcing legal orders.
To prevent disruption of judicial and administrative processes.
To ensure smooth implementation of seizures, attachments, evictions, and forfeitures.
To deter mobs and individuals from obstructing law officers.

🧱 Essential Ingredients of the Offence

To prove a charge under Section 140, these elements must be established:

Property is being lawfully taken under the direction of a public servant.
The accused resists or obstructs the taking of that property.
The resistance is intentional and not accidental or out of ignorance.

If these three conditions are met, Section 140 applies.

💼 Common Situations Where This Applies

✅ Criminal Seizure

Police confiscate items used in a crime (weapons, cash, mobile phones). If someone resists, it triggers Section 140.

✅ Eviction or Demolition

Government orders the removal of illegal construction. If locals block officials or try to stop them, it is punishable.

✅ Tax Recovery or Loan Default

When banks or tax departments seize vehicles or property and the debtor refuses to allow it.

✅ Court Attachment

In civil cases, court attaches property for recovery. Resistance from the party or their agents invokes Section 140.

⚖️ Punishment

Offence	Punishment
Resisting or obstructing lawful seizure of property	Imprisonment up to 6 months, or fine up to ₹5000, or both

🏛️ Classification of Offence

Criteria	Details
Cognizable	No
Bailable	Yes
Triable By	Any Magistrate
Compoundable	Yes (by the public servant involved)

🆚 Comparison with IPC

This provision replaces Section 183 of the Indian Penal Code (IPC). While the core idea remains similar, the BNS version adds better language and clarity.

IPC Section 183	BNS Section 140
Used “resistance to taking property”	Adds clarity: resistance must be intentional
No mention of attempt	BNS includes “attempt to resist”
Fine was not capped	BNS specifies ₹5000 cap

📚 Illustrative Examples

Example 1: Blocking Bulldozers

During an anti-encroachment drive, a group forms a human chain to stop bulldozers from entering. Despite multiple warnings, they block the path.

✅ This is direct obstruction to lawful seizure or possession.

Example 2: Refusing to Hand Over Car

A person defaulted on a loan. When recovery officers with court order came to take the car, he locked the garage and refused entry.

✅ Covered under Section 140 — obstruction to lawful possession.

Example 3: Inciting Mob

An MLA urges people to throw stones at police seizing liquor barrels stored illegally.

✅ Incitement causing resistance — makes the MLA liable under Section 140, possibly with other sections too.

🧠 Important Terms Explained

“Lawful Taking”

Refers to property being taken under:

Court orders (attachment, receivership)
Administrative orders (demolition, seizure)
Police authority (evidence seizure, confiscation)

“Public Servant”

Includes:

Police officers
Municipal officers
Revenue officers
Court bailiffs
Tax enforcement officers

“Resistance”

Physical or verbal actions aimed at stopping enforcement.

“Obstruction”

Includes hiding property, misleading officials, giving wrong keys, or threatening staff.

🔎 Legal Interpretation of Resistance

➤ State v. Devendra Nath

Delhi HC ruled that shouting slogans or forming a crowd in front of demolition equipment was active resistance even if no violence occurred.

➤ Municipal Corp v. Asha Rani

Court upheld punishment where the accused had misled officials into attaching wrong property to delay lawful seizure.

➤ In Re: Chhattisgarh Encroachment Case

SC observed that repeated resistance to official demolition drives — especially politically motivated — would attract stricter action under related provisions including Section 140.

⚠️ Exceptions – What Is Not Covered

The following do not qualify as offences under Section 140:

Questioning the legality of seizure in court (e.g., filing an appeal or writ).
Accidental obstruction (e.g., unaware the land was under attachment).
Civil disobedience without direct interference (e.g., protest at distance).

👉 However, any physical resistance or deliberate concealment is punishable.

🧑‍⚖️ Burden of Proof

The prosecution must show:

Property was being taken under legal authority.
The accused was aware of it.
The accused resisted or obstructed intentionally.

If accused proves they didn’t know, or had no intention to interfere, they may be acquitted.

🛡️ Possible Defenses

No notice of the seizure was served.
Property was taken without authority or forged orders.
Resistance was to prevent illegal action (e.g., seizure from wrong person).
Confusion or mental illness.

These must be proven with proper evidence and not just claimed verbally.

🏗️ Procedure Followed by Authorities

Official Order or Warrant: Officers must carry documented authorization.
Identification and Notice: Serve notice or explain grounds of action.
Attempt Peaceful Possession: Seek cooperation first.
Documentation: Record resistance or obstruction.
Police Involvement: File report under Section 140 if resistance continues.

🧠 Importance in Today’s Context

With frequent drives by:

Anti-encroachment task forces
Income Tax raids
Drug enforcement seizures
Court-appointed bailiffs

...resistance to lawful actions is increasing, often under political or social pressure.

Section 140 ensures public servants are protected and no one feels above the law.

🔍 Relationship with Other Sections

Situation	Additional Sections
Violent resistance	Section 121 (Assault) + 140
Obstructing court officers	Section 226 (Contempt of court)
Damaging seized property	Section 145 (Mischief)
False protest	Section 124 (False information to public servant)

📜 Procedure for Filing Complaint

If a public servant faces resistance:

They document the incident.
FIR under Section 140 is registered.
Evidence like video, photos, witness statements is collected.
Case filed before a magistrate.

🔎 Judicial Guidelines

Courts emphasize:

Lawful action by public servants is sacrosanct.
Mob behavior cannot overrule legal orders.
Accused persons must seek remedy via legal routes, not physical obstruction.

📣 Public Awareness Needed

The general public must understand:

Officials have the right to act under valid orders.
Resistance could lead to arrest and trial.
Legal challenges must be made in courts, not on the streets.

🌍 Global Comparison

In the US and UK:

Resisting law enforcement is a felony.
Police and court officers can use reasonable force.
Obstruction charges carry jail terms and high fines.

India’s BNS brings domestic law closer to international standards of strict enforcement integrity.

🏁 Conclusion

Section 140 of the Bharatiya Nyaya Sanhita ensures lawful seizure of property is not hindered by force, protest, or obstruction. In a society governed by rule of law, court orders and official directives must be followed, not resisted. This section upholds discipline, legality, and accountability during enforcement actions.

The message is clear: Obey the law — challenge it in court if needed — but do not resist it with force.

🔜 Next Blog

➡️ Section 141 – Refusing to Deliver Property Seized or Detained by Lawful Authority