Code:
Whoever, being legally bound to produce or deliver up any 2 [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 1 [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 3 [District Courtic9564, intentionally omits to produce the same. A has committed the offence defined in this section.
Explanation:
Section 175 of the IPC states that whoever, being legally bound to produce any document to any public servant, as such, who is duly authorized, by law, to require the production thereof, omits to produce such document, without any lawful excuse, 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.
Illustration:
Imagine a person is summoned by a police officer to produce a certain document related to an investigation. The person is legally obligated to produce this document but deliberately refuses to do so without any valid reason. This act would fall under Section 175 of the IPC, and the person could be punished accordingly.
Common Questions and Answers:
Q: What are the essential elements of this offense?
A: The essential elements include:
- The accused being legally bound to produce the document.
- The document being required by a public servant authorized by law.
- The accused omitting to produce the document.
- The omission being without any lawful excuse.
Q: What is considered a “lawful excuse”?
A: A lawful excuse could be:
- Loss or destruction of the document.
- The document being beyond the accused’s control.
- The document being privileged information.
- Any other genuine reason preventing the production of the document.
Q: What is the punishment for this offense?
A: The punishment for this offense is simple imprisonment for up to one month, a fine of up to five hundred rupees, or both.