Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023
1. Purpose of Section 356
Section 356 deals with criminal liability for obstruction of public servants in the discharge of their official duties.
Its main objective is to protect public servants who are performing lawful duties from obstruction, threats, or resistance.
It ensures the smooth functioning of government authorities, law enforcement, and emergency services.
The law is particularly relevant in situations where public servants are executing legal orders, conducting inspections, or performing safety and regulatory duties.
2. Legal Meaning
Under Section 356, a person is liable if they:
Intentionally obstruct a public servant who is acting in the discharge of their official duties, or
Resist or prevent a lawful act by a public servant through threats, force, or intimidation.
Key points:
The obstruction must be willful — mere disagreement or passive non-cooperation is generally insufficient.
The public servant must be performing a lawful duty, not an unlawful act.
3. Elements of the Offence
To establish a violation of Section 356, the following elements must be proven:
Existence of a Public Servant:
The person obstructed must be a public servant acting within the scope of their lawful duties.
Willful Obstruction or Resistance:
The accused must knowingly interfere, block, or hinder the public servant’s work.
Obstruction can be physical (blocking access, attacking), verbal (threats, intimidation), or procedural (refusing to comply with lawful directions).
Official Duty Being Performed:
The act by the public servant must be lawful and within their official capacity.
Obstructing an illegal act by a public servant does not attract liability.
4. Punishment Under Section 356
Imprisonment: Up to 2 years
Fine: Or fine alone, or both
Enhanced Penalty: If obstruction causes danger to life, health, or property, courts may impose harsher punishment, up to 3 years imprisonment.
This section is cognizable, meaning that police can take action without prior court approval. It is non-bailable in certain serious cases where public safety is at risk.
5. Practical Examples
Example 1: Police Obstruction
A police officer goes to seal a building for violating safety regulations.
Residents physically block the officer and refuse to allow entry.
Section 356 applies because the obstruction was intentional and the officer was performing a lawful duty.
Example 2: Fire or Disaster Management
Firefighters attempt to access a building during a fire.
Occupants refuse to move aside, delaying rescue operations.
Section 356 applies due to obstruction of lawful emergency duties.
Example 3: Municipal Officers
Municipal inspectors attempt to demolish an illegal construction.
Builder threatens or prevents officials from proceeding.
Section 356 applies because obstruction interferes with enforcement of the law.
6. Important Points
Willful Interference is Key: Passive non-cooperation may not attract liability.
Only Lawful Duties Protected: Obstruction of unlawful acts by officials is not punishable under this section.
Multiple Forms of Obstruction: Includes physical, verbal, procedural, or indirect interference.
Cognizable Offence: Police can arrest and initiate proceedings immediately.
7. Summary Table
| Aspect | Section 356 BNS, 2023 |
|---|---|
| Purpose | Protect public servants performing lawful duties |
| Who is liable | Anyone intentionally obstructing or resisting a public servant |
| Core Elements | Public servant; lawful duty; willful obstruction |
| Punishment | Up to 2 years imprisonment, fine, or both; up to 3 years if danger is caused |
| Practical Significance | Ensures effective enforcement of laws, public safety, and emergency response |
RELATED Blog
comments