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THE INDIAN PENAL CODE, 1860

Title : THE INDIAN PENAL CODE, 1860

Year : 1860



Whoever absconds in order to avoid being served with a summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;or, if the summons or notice or order is to attend in person or by agent, or to1*[produce a document or an electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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1 . Substituted by Act 21 of 2000, section 91 and Schedule I, for "produce a document in a Court of Justice". (w.e.f. 17-10-2000).

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Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place or any such summons, notice or order,or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed,or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;or, if the summons, notice, order or proclamation is to attend in person or by agent, or1*[to produce a document or electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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1. Substituted by Act 21 of 2000, section 91 and Schedule I, for "to produce a document in a Court of Justice" (w.e.f. 17-10-2000).

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Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,intentionally omits to attend at that place of time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both,or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

(a) A, being legally bound to appear before the1*[High Court] at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a2*[District Judge], as a witness, in obedience to a summons issued by that2*[District Judge] intentionally omits to appear. A has committed the offence defined in this section.

174A - Non-appearance in response to a proclamation under Section 82 of Act 2 of 1974

3*[Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of Section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.]

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1. Substituted by the A.O. 1950, for "Supreme Court"

2. Substituted by the A.O. 1950. for "Zila Judge".

3. Inserted by the Code of Criminal Procedure (Amendment) Act, 2005.

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Whoever, being legally bound to produce or deliver up any 1*[document or electronic record] of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both,or, if the1*[document or electronic record] is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustration

A, being legally bound to produce a document before a2*[District Court], intentionally omits to produce the same. A has committed the offence defined in this section.

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1. Substituted by Act 21 of 2000, section 91 and Schedule I, for "document". (w.e.f. 17-10-2000).

2. Substituted by the A.O. 1950, for "Zila Court".

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Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both,

1*[or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898) with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]

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1.Added by Act 22 of 1939, section 2.

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Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations

(a) A ,a landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.

(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neigh bouring place, and being bound under clause, 5, section VII,1*[Regulation III, 1821], of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, willfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here Ais guilty of the offence defined in the later part of this section.

2*[Explanation.-In section 176 and in this section the word "offence" includes any act committed at any place out of3*[India], which, if committed in3[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word "offender" includes any person who is alleged to have been guilty of any such act.]

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1. Repealed by Act 17 of 1862.

2. Added by Act 3 of 1894.

3. The words "British India" have successively been Substituted by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, section 3 and Schedule to read as above.

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Whoever refuses to bind himself by an oath1*[or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

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1. Repealed by Act 17 of 1862.

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Whoever, being legally bound to slate the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.



Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.



Whoever, being legally bound by an oath1*[or affirmation] to stale the truth on any subject to any public servant or other person authorized by law to administer such oath1*[or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

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1. Inserted by Act 10 of 1873, section 15.

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Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-

(a) To do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) To use the lawful power of such public servant to the injury or annoyance of any person,shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duly or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neigh bourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]

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1. Substituted by Act 3 of 1895, section 1, for the original section.

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Whoever offers any resistance to the taking of any properly by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.



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 hundred rupees, or with both.



Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any properly on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that properly at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.



Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
 
STATE AMENDMENT

1*[Madhya Pradesh and Chhatisgarh.-

The offence under Section 186 is cognizable.

2*[ Andhra Pradesh. -- Offence under section 186 is cognizable.]
 
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1. Refer Notification No. 33205, dated 19.11.1975 published in Madhya Pradesh Gazette Part – I, dated 12.03.1976.

2. Inserted vide A.P.G.O. Ms. No. 732, dated 05.12.1991.

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Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;
and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
 


Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation.-

It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Illustration

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing mat a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.
 
STATE AMENDMENT

1*[ Madhya Pradesh and Chhatisgarh.-

The offence under Section 188 is Non-bailable.

2*[ Andhra Pradesh.-- Offence under section 188 is non-bailable.]
  
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1. Refer Notification No. 33205, dated 19.11.1975 published in Madhya Pradesh Gazette Part- I, dated 12.03.1976.

2. Inserted vide A.P.G.O. Ms. No. 732, dated 05.12.1991.

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Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

STATE AMENDMENTS

1*[Andhra Pradesh

In Andhra Pradesh offence under section 189 is cognizable.

2*[ Madhya Pradesh and Chhatisgarh.-

The offence under Section 189 is Cognizable.
 
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1. Vide A.P.G.O. Ms. No. 732, dated 05.12.1991

2. Refer Notification No. 33205, dated 19.11.1975 published in Madhya Pradesh Gazette Part – I, dated 12.03.1976
 
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Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both,

STATE AMENDMENTS

1*[Andhra Pradesh.-

Offence under section 190 is cognizable.

2*[ Madhya Pradesh and Chhatisgarh.-

The Offence under section 190 is cognizable.
 
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1. Vide A.P.G.O. Ms. No. 732, dated 05.12.1991

2. Refer Notification No. 33205, dated 19.11.1975 published in Madhya Pradesh Gazette Part – I, dated 12.03.1976
 
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Last updated on August, 2016

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