IPC Section 176: Omission to Give Notice or Information to Public Servant

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;

¹[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.]

Explanation

This section states that whoever, being legally bound to give notice or information to any public servant, as such, of any fact which it is his duty to communicate to such public servant, omits to give such notice or information, 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: The person must be legally bound to give notice or information.
• Public servant: The information must be given to a public servant.
• Duty to communicate: It must be the person’s duty to communicate the information.
• Omission: The person must have omitted to give the notice or information.

Illustration

Imagine a doctor treating a patient who is suffering from a contagious disease. The doctor knows that it is his legal duty to inform the health authorities about such a case. If the doctor fails to do so, he would be committing an offense under Section 176 of IPC.

Common Questions and Answers

What are some examples of legal obligations to give notice or information?

• • A doctor’s duty to report a contagious disease.
  • A police officer’s duty to report a crime.
  • A witness’s duty to testify in court.

What is the difference between Section 176 and Section 182 of the IPC?

Section 182 deals with intentionally giving false information to a public servant. Section 176 deals with failing to provide information that is legally required.

What is the punishment for violating Section 176?

Simple imprisonment for up to one month, a fine of up to five hundred rupees, or both.