BNS Section 219 – Obstructing sale of property offered for sale by authority of public servant
The Indian Penal Code (IPC) Section – 184
Understanding BNS-219: Obstructing Sale of Property Offered for Sale by Authority of Public Servant
Intentionally obstructing the sale of property that is being sold under the lawful authority of a public servant is a serious offense. BNS-219 is a legal provision that penalizes individuals who interfere with such sales. Let’s break this down in simple terms.
What is BNS-219?
BNS-219 is a law that punishes individuals who intentionally obstruct the sale of property being sold under the lawful authority of a public servant. This ensures that public servants can carry out their duties without interference.
Key Elements of BNS-219
To understand this law, let’s look at its main components:
| Element | Description |
|---|---|
| Lawful Authority | The sale of property must be conducted under the lawful authority of a public servant. |
| Intentional Obstruction | The person must intentionally obstruct or interfere with the sale. |
Punishment Under BNS-219
If someone is found guilty of this offense, they can face the following punishments:
| Punishment | Details |
|---|---|
| Imprisonment | Up to 1 month. |
| Fine | Up to ₹5,000. |
| Both | The court may order both imprisonment and a fine. |
Legal Procedure for BNS-219
Here’s how the legal process works for this offense:
| Aspect | Details |
|---|---|
| Cognizable or Non-cognizable | Non-cognizable (police cannot arrest without a warrant). |
| Bailable or Non-bailable | Bailable (the accused can seek bail). |
| Court Jurisdiction | The case is tried by any Magistrate. |
Why is BNS-219 Important?
This law is crucial for the following reasons:
- Ensures Compliance: It ensures that individuals respect the lawful authority of public servants when they are conducting sales of property.
- Maintains Order: It upholds the rule of law by preventing obstruction of lawful actions.
- Protects Public Servants: It safeguards public servants from interference while performing their duties.
Key Takeaways
- BNS-219 applies to individuals who intentionally obstruct the sale of property being sold under the lawful authority of a public servant.
- The offense involves intentionally interfering with the sale process.
- Punishment includes up to 1 month imprisonment, a ₹5,000 fine, or both.
- The case is non-cognizable, bailable, and tried by any Magistrate.
Example Scenario
Let’s take an example to understand this better:
- Case: A public servant is conducting the sale of a property as part of a court order, but a person intentionally disrupts the auction process.
- Outcome: The person can face up to 1 month imprisonment, a ₹5,000 fine, or both.
Final Thoughts
BNS-219 is an important law that ensures public servants can perform their duties without obstruction. If you ever come across someone obstructing the lawful sale of property, remember that the law is there to address such misconduct.
For specific legal advice or assistance, consult a qualified lawyer.
