Section 319 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 319 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Title / Essence
Obstruction of Lawful Duties or Interference with Public Servants
1. Purpose of Section 319
Section 319 addresses actions that obstruct or interfere with public servants in the lawful performance of their duties. Its main objectives are:
Ensure smooth functioning of government operations and public services.
Prevent citizens or private individuals from hindering official work.
Maintain law and order by protecting public servants from obstruction or intimidation.
2. Scope of the Offence
This section applies to anyone who:
Obstructs or resists a public servant performing duties authorized by law.
Threatens, intimidates, or assaults a public servant in connection with official work.
Interferes with lawful investigations, inspections, or enforcement actions.
Examples of covered acts:
Blocking police or municipal officers from performing their duties.
Refusing to comply with lawful orders of public officials.
Physically preventing officials from entering public premises to carry out inspections.
3. Key Elements of Section 319 Offence
To establish liability under Section 319, the following elements must be proven:
Presence of a public servant – The person must be officially authorized under law.
Lawful duty – The public servant must be engaged in a lawful duty or task.
Obstruction or interference – The accused must actively prevent, resist, or hinder the performance of that duty.
Intent or knowledge – The person must know that their actions are obstructing official duties.
4. Punishment under Section 319
The penalties under Section 319 are designed to be deterrent but proportionate:
Imprisonment: Up to 2 years
Fine: Monetary penalty
Both: In cases of serious obstruction or harm
Additional measures may include:
Seizure of objects used to obstruct duties (e.g., barricades or weapons)
Preventive orders to stop repeated interference
5. Illustrative Examples
Example 1:
A person physically blocks municipal officers from shutting down an unsafe building.
➡ Punishable under Section 319.
Example 2:
An individual verbally threatens a traffic officer to avoid a fine, preventing the officer from performing lawful duties.
➡ Punishable under Section 319.
Example 3:
Someone deliberately hides or destroys documents requested by a government inspector to obstruct an investigation.
➡ Punishable under Section 319.
6. Legal Principles
Intent is essential: Accidental or unknowing obstruction may not attract full liability.
Focus on public servants’ lawful duties: Only interference with authorized official work is covered.
Scope: Applies to obstruction by any individual, including citizens, employees, or private contractors.
Protective purpose: Ensures officials can carry out public duties without fear or obstruction.
7. Importance of Section 319
Strengthens rule of law by protecting public servants.
Ensures continuity of public administration and service delivery.
Acts as a deterrent against citizen or private interference in lawful duties.
8. Summary Table
| Aspect | Details |
|---|---|
| Offence | Obstructing or interfering with public servants in lawful duties |
| Who is liable | Any individual hindering public officials |
| Elements | Public servant present, lawful duty, obstruction/interference, intent/knowledge |
| Punishment | Imprisonment up to 2 years, fine, or both |
| Examples | Blocking officials, threats, hiding or destroying official documents |
| Purpose | Protect public servants, maintain law and order, ensure continuity of government functions |
RELATED Blog
comments