Section 219 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Here’s the exact provision under Section 219 of the Bharatiya Sakshya Adhiniyam, 2023:
📝 Section 219 – Obstructing property sale by lawful authority
“Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.” (cdtihyd.gov.in)
🔍 Key points
Active obstruction: It criminalizes deliberate actions that hinder a property sale legally conducted by a public servant (e.g., auction of seized property).
Mental element: The obstruction must be intentional—accidental or incidental interference is unlikely to qualify.
Penalties:
Imprisonment up to 1 month (either simple or rigorous).
Fine up to ₹5,000.
Or both imprisonment and fine.
📚 Context within the Act
Falls under Chapter IX – Offences by or relating to public servants, which also includes Sections:
218: resisting lawful taking of property
220: improper bidding at such sales
The progression of offences reflects increasing severity—from resistance (218), to obstruction of sale (219), and fraudulent bidding (220) .
💡 Practical example
Suppose a municipal officer auctions a seized vehicle. If a bystander purposely blocks the sale—physically or by disrupting proceedings—they may be charged under Section 219, facing up to a month in jail, a fine, or both.
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