Section 175 of the Bharatiya Nyaya Sanhita (BNS), 2023
📘 Section 175 – Offence of Resisting or Obstructing Public Servant in Discharge of Public Functions
⚖️ Bare Provision (Paraphrased)
Section 175 penalizes anyone who resists, obstructs, or intentionally prevents a public servant from performing their lawful public duties.
🔍 Detailed Explanation
✅ 1. Who is a Public Servant?
A public servant means any person who is employed by the government or is authorized by law to perform public duties, including:
Police officers
Government officials
Judges
Local government officers
Other officials engaged in public service
✅ 2. What Does Resisting or Obstructing Mean?
Resisting: Physically or otherwise opposing the public servant's lawful actions.
Obstructing: Hindering or preventing the public servant from performing their official duties.
Intentional Prevention: Purposefully stopping or delaying lawful work.
✅ 3. Nature of the Act
The resistance or obstruction must be:
Willful and intentional (not accidental or incidental).
Against lawful performance of duty by the public servant.
✅ 4. Punishment
The person guilty of resisting or obstructing a public servant faces:
Imprisonment up to 1 year, or
A fine, or
Both.
👨⚖️ 5. Practical Examples
Refusing to let a police officer enter premises during investigation.
Physically preventing a government official from sealing a property.
Threatening or using force to stop a public servant from carrying out inspections.
✅ 6. Purpose of Section 175
To ensure uninterrupted functioning of government officials.
To prevent lawlessness and interference in public administration.
To maintain respect and authority for lawful public servants.
📝 Summary Table
| Element | Explanation |
|---|---|
| Who? | Anyone who resists or obstructs a public servant |
| What? | Resisting, obstructing, or intentionally preventing lawful public duty |
| Punishment | Up to 1 year imprisonment, or fine, or both |
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