What is Section 183 IPC? Resistance to the taking of property by public servant
Published on: Lawiz Team
Learn about Section 183 IPC: Resistance to the taking of property by public servant
Official Legal Text
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.
What This IPC Section Means – Explained in Simple Words
Section 183 punishes anyone who resists or obstructs a public servant from lawfully taking possession of property.
Purpose
To ensure that public servants can perform their duties without obstruction.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Key Elements
The person must use force or create an obstacle to prevent a public servant from taking property they are lawfully authorized to take.
Punishment Details
Simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
Legal Defenses
If the person can prove the public servant was acting beyond their lawful authority.
Judicial Interpretation
Courts examine whether the public servant was acting within their lawful powers.
Illustration
If a person prevents a revenue officer from seizing land for tax recovery, they can be punished under Section 183.
FAQs
What does Section 183 IPC define?
Resistance to the taking of property by the lawful authority of a public servant.
Where is Section 183 IPC applicable?
It applies to false evidence, obstruction of justice, and non-cooperation with public authorities.
Why is Section 183 IPC important?
It ensures the integrity of judicial and administrative processes by punishing falsehood and obstruction.
Give an example involving Section 183 IPC.
Examples include giving false statements under oath or preventing summons service.
What punishment is applicable under Section 183 IPC?
Punishment ranges from fines to several years of imprisonment based on offence severity.
Is Section 183 IPC linked to other IPC laws?
Yes, especially with laws governing evidence, court proceedings, and public duties.
How have courts interpreted Section 183 IPC?
Courts stress strict adherence to truth and severe penalties for falsehoods and obstruction.