IPC
- Indian Penal Code
CHAPTER X : OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
172. Absconding to avoid service of summons or other proceeding
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
to 89A[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.
173. Preventing service of summons or other proceeding, or preventing
publication thereof
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, or 89A[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.
174. Non-attendance in obedience to an order from public servant
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 the 92[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 a 93[District Judge], as a witness,
in obedience to a summons issued by that 93[District Judge] intentionally
omits to appear. A has committed the offence defined in this section.
175. Omission to produce document to public servant by person
legally bound to produce it
Whoever,
being legally bound to produce or deliver up any 89A[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 the 89A[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 a 94[District Court], intentionally
omits to produce the same. A has committed the offence defined in this
section.
176. Omission to give notice or information to public servant
by person legally bound to give it
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,
95[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.]
177. Furnishing false information
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, wilfully 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 neighbouring place, and being bound under clause 5, section VII,
96[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,
wilfully 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 A is guilty of the offence
defined in the later part of this section.
97[Explanation-
in section 176 and in this section the word "offence" includes
any act committed at any place out of 98[India], which, if committed in
98[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.]
178. Refusing oath or affirmation when duly required by public
servant to make it
Whoever
refuses to bind himself by an oath 99[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.
179. Refusing to answer public servant authorised to question
Whoever,
being legally bound to state 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.
180. Refusing to sign statement
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.
181. False statement on oath or affirmation to public servant
or person authorised to administer an oath or affirmation
Whoever,
being legally bound by an oath 1[or affirmation] to state the truth on
any subject to any public servant or other person authorized by law to
administer such oath 1[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.
100[182. False information, with intent to cause public servant
to use his lawful power to the injury of another person
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 duty 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
neighbourhood 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.]
183. Resistance to the taking of property by the lawful authority
of a public servant
Whoever
offers any resistance to the taking of any property 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.
184. Obstructing sale of property offered for sale by authority
of public servant
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.
185. Illegal purchase or bid for property offered for sale by
authority of public servant
Whoever,
at any sale of property held by the lawful authority of a public servant,
as such, purchases or bids for any property on account of any person,
whether himself or any other, whom he knows to be under a legal incapacity
to purchase that property 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.
186. Obstructing public servant in discharge of public functions
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.
187. Omission to assist public servant when bound by law to give
assistance
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 not, 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.
188. Disobedience to order duly promulgated by public servant
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
to tender to cause obstruction, annoyance or injury, or risk of obstruction,
annoyance or injury, to any person lawfully employed, 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 disobedience causes
or trends to cause danger to human life, health or safety, or causes or
tends to cause a not 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, direction that a religious procession shall not pass down a certain
street. A knowingly disobeys the order, and thereby causes danger of not.
A has committed the offence defined in this section.
189. Threat of injury to public servant
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.
190. Threat of injury to induce person to refrain from applying
for protection to public servant
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.
Foot Notes
1. IPC
extended to Berar by the Berar Laws Act, 1941 and declared in force in-
Sonthal Parganas, by the Sonthal
Parganas Settlement Regulation, 1872. Panth Piploda, by the Panth Piploda
Laws Regulation, 1929; Khondmals District, by the Khondmals Laws Regulation,
1936; and Angul District, by the Angul Laws Regulation, 1936. It has been
declared under section 3(a) of the Scheduled Districts Act, 1874 to be
in force in the following Scheduled Districts, namely the United Provinces
Tarai Districts, see Gazette of India, 1876. Pt. 1. p. 505; the Districts
of Hazaribagh. Lohardaga (now called the Ranchi District) and Manbhum
and Parganas.
Dhalbhum and the Kolhan in the
District of Singhbhum, see Gazette of India, 1881, Pt. 1, p. 504. It has
been extended under section 5 of the same Act to the Lushai Hills, see
Gazette of India, 1898, Pt. 11, p. 345.
The Act has been extended to Goa,
Daman and Diu by Reg. 12 of 1962; to Dadra and Nagar Haveli by Reg. 6
of 1963; to Pondicherry by Reg. 7 of 1963 and to Laccadive, Minicoy and
Amindivi Islands by Reg. 8 of 1965. It has been extended to the State
of Sikkim w.e.f. 13th. September, 1994 vide Notification No. S.O. 516(E),
dated 9th. July, 1994.
2. The words "British India"
have successively been substituted by the Govt. of India (Adaptation of
Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian Laws)
Order, 1950 and Act 3 of 1951 to read as above.
3. Successively been amended by
Act No. 12 of 1891, the Govt. of India (Adaptation of Indian Laws) Order,
1937, the Govt. of India (Adaptation of Indian Laws) Order, 1948 and the
Govt. of India (Adaptation of Indian Laws) Order, 1950 to read as above.
4. Substituted by Act No. 3 of
1951, for the words "except Part B States".
5. The original words "the
said territories" have successively been amended by the Govt. of
India (Adaptation of Indian Laws) Order, 1937, the Govt. of India (Adaptation
of Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian
Laws) Order, 1950 and Act No. 3 of 1951 to read as above.
6. The words and figures "on
or after the said first day of May, 1861" omitted by Act No. 12 of
1891.
7. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1937, for the words "law
passed by the Governor General of India in Council".
8. The original words "the
limits of the said territories" have successively been amended by
the Govt. of India (Adaptation of Indian Laws) Order, 1937, the Govt.
of India (Adaptation of Indian Laws) Order, 1948, the Govt. of India (Adaptation
of Indian Laws) Order, 1950 and Act No. 3 of 1951 to read as above.
9. Substituted by Act No. 4 of
1898, for the original section.
10. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for clauses (1) to (4).
11. Substituted by Act No. 36 of
1957, for the word "Illustrations".
12. The brackets and letter "(a)"
omitted by Act No. 36 of 1957.
13. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1948, for the words "a coolie,
who is a Native Indian subject".
14. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the words "a British
subject of Indian domicile".
15. Illustrations (b), (c) and
(d) omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.
16. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the original section.
17. The word and letter "Part
A" omitted by Act No. 3 of 1951.
18. Substituted by Act No. 3 of
1951, for the former section which was inserted by the Govt. of India
(Adaptation of Indian Laws) Order, 1950.
19. Omitted by the Madras Civil
Courts Act, 1873.
20. Clause First omitted by the
Govt. of India (Adaptation of Indian Laws) Order, 1950.
21. Substituted by Act No. 10 of
1927, for the words "or Naval".
22. The original words "of
the Queen while serving under the Government of India or any Government"
have successively been amended by the Govt. of India (Adaptation of Indian
Laws) Order, 1937, the Govt. of India (Adaptation of Indian Laws) Order,
1948 and the Govt. of India (Adaptation of Indian Laws) Order, 1950.
23. The former clause substituted
by Act No. 40 of 1964.
24. Inserted by Act No. 40 of 1964.
25. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the words "the
Crown".
26. Omitted by Act No. 40 of 1964.
27. Inserted by Act No. 39 of 1920.
28. Explanation 4 inserted by Act
No. 2 of 1959 and omitted by Act No. 40 of 1964.
29. Earlier Explanation substituted
by Act No. 1 of 1889.
29A. Section 29A inserted by the
Information Technology Act, 2000, w.e.f. 17th. October, 2000.
30. Earlier section substituted
by Act No. 27 of 1870.
31. Substituted by Act No. 8 of
1930, for the word "Chapter".
32. Inserted by Act No. 8 of 1913.
33. Inserted by Act No. 8 of 1882.
34. Inserted by Act No. 10 of 1886.
35. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1948, for the words "British
India".
36. The words "the territories
comprised in" omitted by Act No. 48 of 1952.
37. Substituted by Act No. 3 of
1951, for the words "the States".
38. Inserted by Act No. 8 of 1942.
39. Substituted by Act No. 26 of
1955 for the words "Secondly-Transportation", w.e.f. 1st. January,
1956.
40. Clause Thirdly omitted by Act
No. 17 of 1949, w.e.f. 6th. April, 1949.
41. Inserted by Act No. 26 of 1955,
w.e.f. 1st. January, 1956.
42. Substituted by Act No. 36 of
1957, for the figures "1954".
43. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950 for the words "the
Central Government or the Provincial Government of the Province within
which the offender shall have been sentenced".
44. Substituted by Act No. 26 of
1955, section 117, for the word "transportation", w.e.f. 1st.
January, 1956.
45. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the words "The
Provincial Government of the Province within which the offender shall
have been sentenced".
46. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for section 55A which had
been inserted by the Govt. of India (Adaptation of Indian Laws) Order,
1937.
47. Substituted by Act No. 8 of
1882 for the words "In every case in which an offender is sentenced
to a fine".
48. Substituted by Act No. 8 of
1882, for the words "be less than a".
48A. Earlier section substituted
by Act No. 3 of 1910.
49. The words "British India"
have successively been Substituted by the Govt. of India (Adaptation of
Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian Laws)
Order, 1950 and Act No. 3 of 1951.
50. The word "or" at
the end of clause (a) and clause (b) omitted by Act No. 3 of 1951.
51. Substituted by Act No. 26 of
1955, for the words "transportation for life", w.e.f. 1st. January,
1956.
52. Added by Act No. 4 of 1898.
53. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the word "Queen".
54. Substituted by Act No. 16 of
1921, for the words "and shall forfeit all his property".
55. Illustration (b) omitted by
the Govt. of India (Adaptation of Indian Laws) Order, 1950.
56. Inserted by Act No. 27 of 1870.
57. The words "or to deprive
the Queen of the sovereignty of the Provinces or of any part thereof"
omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.
58. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1937, for the words "the
Government of India" or any "Local Government".
59. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the word "Provincial".
60. The words "or the Government
of Burma" omitted by the Govt. of India (Adaptation of Indian Laws)
Order, 1948.
61. Substituted by Act No. 26 of
1955 for the words "transportation for life or any shorter term",
w.e.f. 1st. January, 1956.
62. Inserted by Act No. 16 of 1921,
for the words "and shall forfeit all his property".
63. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the words "Governor
General".
64. Substituted by Act No. 3 of
1951, for the word "Governor".
65. The words "or Rajpramukh"
omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1956.
66. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the word "Province".
67. The words "or a Lieutenant-Governor"
omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1937.
68. The words "or a Member
of the Council of the Governor General of India" omitted by the Govt.
of India (Adaptation of Indian Laws) Order, 1948.
69. The words "or of the Council
of any Presidency" omitted by the Govt. of India (Adaptation of Indian
Laws) Order, 1937.
70. The original words "Governor
General, Governor, Lieutenant-Governor or Member of Council" have
successfully been amended by the Govt. of India (Adaptation of Indian
Laws) Order, 1937, the Govt. of India (Adaptation of Indian Laws) Order,
1948 and the Govt. of India (Adaptation of Indian Laws) Order, 1950 to
read as above.
71. Substituted by Act No. 4 of
1898, for the original section 124A.
72. The words "Her Majesty
or" omitted by the Govt. of India (Adaptation of Indian Laws) Order,
1950. The words "or the Crown Representative inserted after the word
"Majesty" by the Govt. of India (Adaptation of Indian Laws)
Order, 1937 were omitted by the Govt. of India (Adaptation of Indian Laws)
Order, 1948.
73. The words "or British
India" inserted by the Govt. of India (Adaptation of Indian Laws)
Order, 1937 omitted by the Govt. of India (Adaptation of Indian Laws)
Order, 1948.
74. Substituted by Act No. 10 of
1927, for the words "and Navy".
75. Substituted by Act No. 10 of
1927, for the words "or sailor".
76. Substituted by Act No. 10 of
1927, for the words "or Navy".
77. Substituted by Act No. 10 of
1927, for the words "and soldier".
78. Inserted by Act No. 35 of 1934.
79. Substituted by Act No. 10 of
1927 for the words and figures "Articles of War for the better government
of Her Majesty's Army, or to the Articles of war contained in Act No.
5 of 1869".
80. Substituted by Act No. 3 of
1951 for the words and figures "the Indian Army Act, 1911".
81. The words "or that Act
as modified by" omitted by the Govt. of India (Adaptation of Indian
Laws) Order, 1950.
82. Now see the Navy Act, 1957.
83. Substituted by Act No. 14 of
1932, for the words "or the Air Force Act".
84. Substituted by Act No. 3 of
1956, for the words and figures "the Indian Air Force Act, 1932"
85. Substituted by Act No. 10 of
1927 for the words "any Article of War for the Army- or Navy of the
Queen, or for any part of such Army of Navy".
86. The words "or that Act
as modified" omitted by the Govt. of India (Adaptation of Indian
Laws) Order, 1950.
87. Substituted by The Govt. of
India (Adaptation of Indian Laws) Order, 1950 for the words "Central
or any Provincial Government or legislature".
88. Substituted by Act No. 35 of
1969, for the former section.
89. Inserted by Act No. 31 of 1972.
89A. Substituted by the Information
Technology Act, 2000, w.e.f. 17th. October, 2000.
90. Chapter IXA inserted by Act
No. 39 of 1920.
91. Substituted by Act No. 40 of
1975 for clause (a).
92. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the words "Supreme
Court".
93. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the words "Zila
Judge".
94. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1950, for the words "Zila
Court".
95. Inserted by Act No. 22 of 1939.
96. Omitted by Act No. 17 of 1862.
97. Inserted Added by Act No. 3
of 1894.
98. Substituted by the Govt. of
India (Adaptation of Indian Laws) Order, 1948, the Govt. of India (Adaptation
of Indian Laws) Order, 1950 and Act No. 3 of 1951.
99. Inserted by Act No. 10 of 1873.
100. Substituted by Act No. 3 of
1895. |