THE INDIAN PENAL CODE CHAPTER 10 – OF CONTEMPTS OF THE LAWFUL AUTHORITYOF PUBLIC SERVANTS

Bare Act, Indian Penal Code
March 28, 2024

THE INDIAN PENAL CODE

ACT NO. 45 OF 1860

CHAPTER X
OF CONTEMPTSOF THE LAWFUL AUTHORITYOF PUBLIC SERVANTS

  1. 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 1[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.
  2. 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 of 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 2[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.
  3. 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 or time, or departs from the place where he is bound to
    attend before the time at which it is lawful for him to depart,
  4. shall be punished with simple imprisonment for a term which may extend to one month, or with fine
  5. which may extend to five hundred rupees, or with both;
  6. or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of
  7. Justice, with simple imprisonment for a term which may extend to six months, or with fine which may
  8. extend to one thousand rupees, or with both.
  9. Illustrations
  10. (a) A, being legally bound to appear before the 1[High Court] at Calcutta, in obedience to a subpoena issuing from that
  11. Court, intentionally omits to appear. A has committed the offence defined in this section.
  12. (b) A, being legally bound to appear before a 2[District Judge], as a witness, in obedience to a summons issued by that
  13. [District Judge] intentionally omits to appear. A has committed the offence defined in this section.
  14. 174A .Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.—
  15. Whoever fails to appear at the specified place and the specified time as required by a proclamation
  16. published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished
  17. with imprisonment for a term which may extend to three years or with fine or with both, and where a
  18. declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed
  19. offender, he shall be punished with imprisonment for a term which may extend to seven years and shall
  20. also be liable to fine.]
  21. 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 4[document or electronic record] to 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 [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.

  22. Illustration
    A, being legally bound to produce a document before a 5[District Court], intentionally omits to produce the same. A has
    committed the offence defined in this section.
  23. 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;
    6[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.]
  24. 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,
1Regulation 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 latter part of this
section.
Explanation.—In section 176 and in this section the word “offence” includes any act committed at
any place out of 3[India], which, if committed in 3[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.]

  1. 178.Refusing oath or affirmation when duly required by public servant to make it.—Whoever
    refuses to bind himself by an oath 4[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.
  2. 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.
  3. 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.
  4. 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 4[or affirmation] to state
    the truth on any subject to any public servant or other person authorized by law to administer such oath
    4[or affirmation], makes, to such public servant or other person as aforesaid, touching that 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.
    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 assailants, 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 villagers or some of them. A has
committed an offence under this section.]

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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 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.
  6. 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 or tends to cause obstruction, annoyance or injury, or risk of
    obstruction, annoyance or injury, to any persons 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;
  7. and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or
  8. tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which
  9. may extend to six months, or with fine which may extend to one thousand rupees, or with both.
  10. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his
  11. disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and
  12. that his disobedience produces, or is likely to produce, harm.
  13. Illustration
  14. An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious
  15. procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has
  16. committed the offence defined in this section.
  17. 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.
  18. 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,
  19. or with both.