1. Code:
202. Intentional omission to give information of offence by person bound to inform.—Whoever,
knowing or having reason to believe that an offence has been committed, intentionally omits to give any
information respecting that offence which he is legally bound to give, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or with both.
2. Explanation:
This section criminalizes the act of withholding information about a cognizable offense when one is legally obligated to report it. It applies to individuals who:
- Have knowledge of a cognizable offense.
- Are legally bound to inform the authorities about the offense (e.g., public servants, certain family members, etc.).
- Intentionally fail to inform the authorities.
The intent to conceal or mislead is crucial for this offense. Mere negligence or ignorance of the legal obligation is not sufficient to constitute an offense under this section.
3. Illustration:
Imagine a doctor who attends to a patient who has been seriously injured in an assault. The doctor knows the perpetrator and that the assault was a serious crime. However, they choose to remain silent and not inform the police. This act of deliberate omission to inform the authorities would constitute an offense under Section 202 IPC.
4. Common Questions and Answers:
Q: What are cognizable offenses?
A: Cognizable offenses are those where the police can arrest a person without a warrant. These are usually serious crimes like murder, rape, theft, etc.
Q: Who are legally obligated to report offenses?
A: Public servants, certain family members (like spouses or parents), and individuals in positions of authority are usually legally obligated to report offenses. The specific obligations vary depending on the nature of the offense and the individual’s role.
Q: What is the punishment for this offense?
A: The punishment for an offense under Section 202 IPC is imprisonment of up to six months, or a fine, or both.
