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

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 184 IPC
Section 218 All 358 Sections of Bharatiya Nyaya Sanhita Section 220

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 219 BNS
Obstructing Sale of Property Offered for Sale by Authority of Public Servant
 Imprisonment extending to 6 months, or fine, or both. Bailable Non-Cognizable Any Magistrate Formerly Sec 184 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 219

Section 219 penalises intentionally obstructing any sale of property offered for sale by the lawful authority of any public servant.

  • Public Sale/Auction: Property offered for sale by public auction or tender under the authority of a public servant.
  • Lawful Authority: The sale is conducted pursuant to a valid decree, revenue recovery certificate, or court order.
  • Intentional Obstruction: Intentionally disrupting, intimidating bidders, or physically obstructing the auction process.
Key Landmark Precedents:
  • Desh Bandhu Gupta v. N.L. Anand (1994) 1 SCC 131: The Supreme Court stressed that court auctions must be conducted freely and fairly, and deliberate physical disruption of auction proceedings attracts criminal and contempt action.
  • Ramchandra v. Emperor AIR 1939 Pat 342: Held that mere peaceful bidding or verbal protest regarding ownership does not amount to obstruction unless accompanied by physical disruption or threats.
Courtroom Practice & Strategic Litigation Guidance:

In trial, examine auction video recordings and the official minutes prepared by the court bailiff or revenue recovery officer. Establish whether bidders were physically prevented or coerced into leaving.

Section 218 All 358 Sections of Bharatiya Nyaya Sanhita Section 220