Section 210 – Bharatiya Nyaya Sanhita (BNS) – Omission To Produce Document Or Electronic Record To Public Servant By Person Legally Bound To Produce It

Code

Whoever, being legally bound to produce or deliver up any document or electronic
record to any public servant, as such, intentionally omits so to produce or deliver up the
same,––
(a) shall be punished with simple imprisonment for a term which may extend to
one month, or with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered
up to a Court with simple imprisonment for a term which may extend to six months, or
with fine which may extend to ten thousand rupees, or with both.
Illustration.
A, being legally bound to produce a document before a District Court, intentionally
omits to produce the same. A has committed the offence defined in this section.

Explanation

Section 210 of the Bharatiya Nyaya Sanhita (BNS), 2023, penalizes individuals who fail to submit documents or electronic records when legally required to do so by a public servant.

Key Elements of Section 210 BNS

1. Legal Obligation to Produce a Document or Electronic Record
   • A person must be legally bound to provide a document or electronic record to a public servant.
2. Intentional Omission
   • The person deliberately fails to submit the required document or electronic record.
3. Punishment
   • Imprisonment up to 6 months, or
   • Fine up to ₹10,000, or
   • Both.

Illustrations

Example 1: Concealing Financial Records

A company director is ordered to submit financial records to an investigating officer but intentionally withholds them. This makes them liable under Section 210 BNS.

Example 2: Failing to Provide a Digital Evidence

An IT company employee is asked to provide server logs for an ongoing cybercrime investigation. If they intentionally refuse, they can be punished under Section 210 BNS.

Example 3: Avoiding Submission of Property Documents

A person involved in a property dispute is required to submit land ownership documents in court. If they fail to do so intentionally, they may face legal action under Section 210 BNS.

Common Questions and Answers on Section 210 BNS

1. What types of documents or electronic records are covered under Section 210 BNS?

This includes:

• Financial documents (bank statements, tax records)
• Legal papers (agreements, contracts)
• Digital evidence (emails, server logs, CCTV footage)
• Property documents (title deeds, lease agreements)

2. What is the punishment for failing to submit a document under Section 210 BNS?

A person can face:

• Up to 6 months imprisonment, or
• A fine up to ₹10,000, or
• Both penalties.

3. Can a person be excused for not producing a document or electronic record?

Yes, if the person has a valid reason (e.g., lost documents, technical failure), they must inform the public servant. However, intentional omission without justification can result in punishment.

4. Who is considered a public servant under Section 210 BNS?

A public servant includes judges, police officers, revenue officers, government officials, and other legal authorities.

Conclusion

Section 210 BNS ensures that individuals comply with legal obligations and do not withhold crucial documents or electronic records from public servants. Non-compliance can lead to legal consequences, including imprisonment and fines.

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