Code:
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.
Explanation:
This section states that whoever, being legally bound to state the truth, refuses to answer any question put to him by a public servant who is legally authorized to put such question, 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.
The key elements of this offense are:
- Legal Obligation to State the Truth: The person must be legally bound to provide truthful information. This obligation could arise from various sources, such as a statutory requirement, a court order, or a specific duty related to their profession.
- Public Servant: The question must be asked by a public servant who is legally authorized to do so, meaning they have the legal power to inquire about the information.
- Refusal to Answer: The person must actively refuse to answer the question put to them. Mere silence or evasive answers may not be sufficient.
Illustration:
Imagine a police officer investigating a crime. They have reason to believe that a witness has crucial information. The officer asks the witness questions related to the crime, but the witness refuses to answer, claiming they don’t know anything. If the officer can prove that the witness is legally obliged to answer (for example, under a legal requirement to cooperate with the police), and they are refusing to do so without justification, then the witness may be committing an offense under Section 179 of the IPC.
Common Questions and Answers:
Q: What if someone simply doesn’t know the answer?
A: If the person genuinely doesn’t know the answer, they should state so. Refusing to answer implies a deliberate act of withholding information.
Q: What if someone fears for their safety or the safety of others?
A: There are exceptions to this rule. If the person can provide a valid reason for their refusal, such as a genuine fear for their safety, then they may be excused from answering.
Q: What are the penalties for violating this section?
A: The penalty for violating Section 179 can be simple imprisonment for up to one month, a fine of up to ₹500, or both.
