Code
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.
Explain it
IPC Section 187 deals with the criminal offense of neglecting to provide assistance to a public servant when they are lawfully carrying out their duties and require your help. This section applies to individuals who are legally obliged to assist the public servant.
The key elements of this offense are:
- Legal Obligation to Assist: The individual must be under a legal obligation to assist the public servant, such as a duty imposed by law or a specific agreement.
- Ability to Assist: The individual must be physically capable of providing the assistance requested by the public servant.
- Omission to Assist: The individual must intentionally fail to provide assistance despite being legally obligated and able to do so.
- Call by Public Servant: The public servant must have directly requested assistance from the individual.
Illustrate it
Imagine a police officer is trying to apprehend a criminal. A passerby witnesses the situation and is aware that the police officer is struggling. In this case, the passerby has a legal obligation to assist the police officer by providing information or physically helping them restrain the criminal. If the passerby refuses to assist when asked by the police officer, they could be charged under Section 187 of the IPC.
Common Questions and Answers
What are some examples of legal obligations to assist public servants?
Legal obligations to assist public servants can arise from various sources like:
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- Statutory Provisions: Certain laws may specifically impose a duty to assist public servants in certain situations. For example, a law requiring citizens to assist in disaster relief efforts.
- Contractual Agreements: An individual may have a contractual obligation to assist a public servant due to their job or specific agreement.
- Common Law: In some cases, common law principles may impose a duty to assist public servants, such as the principle of good Samaritanism.
What if I am not able to assist the public servant?
If you are genuinely unable to provide assistance due to physical limitations, illness, or other valid reasons, you will not be held liable under Section 187. It’s important to inform the public servant of your inability to help and offer alternative solutions if possible.
What are the punishments for violating this section?
The punishment for violating Section 187 can include:
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- Simple Imprisonment for up to one month
- A fine of up to five hundred rupees
- Or both
