It is a common tendency among the accused to save themselves from criminal cases by absconding or preventing service of summon, non appearance at the time of hearing of the cases, giving false information etc. This may be due to lack of knowledge about the punishment provisions in the Indian Penal Code for these kinds of acts.
This will make the case more complicated and will have negative impact in the hearing of the cases and will attract more punishments. It is the duty of the accused person to receive summons, appear in court, give correct information to court, take oath, give answer, sign statement etc. In most of the cases there are provisions to take bale from the court. So it is better to obey public servant than inviting more punishments. The following topics will help to get basic understanding about this subject.
Absconding to avoid service of summons or other proceeding - Section 172 of
Indian Penal Code 1860
The first action of most of the accused in criminal cases is absconding or avoid
summons. This is not a solution. The best solution is to appear for the hearing
and cooperate with legal proceedings. Provision in the IPC related to this is:
According to Section 172 of IPC "Whoever absconds in order to avoid being served
with a summons, notice or order, proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order, 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 summons or notice or order is to attend in person or by agent, or to
produce a document in 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."
Preventing service of summons or other proceeding, or preventing publication
thereof - Section 173 of Indian Penal Code 1860
Another option being adopted by many accused is preventing summon and other
proceedings. This will also have adverse impact in the case proceedings and is a
punishable offence. The legal provisions are:
As per Section 173 of IPC "Whoever in any manner intentionally prevents the
serving on himself, or on any other person, of any summons, notice or order,
proceeding from any public servant legally competent, as such public servant, to
issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place or any such summons,
notice or order,
or intentionally removes any such summons, notice or order from any place to
which it is lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under the
authority of any public servant legally competent, as such public servant, to
direct such proclamation to be made,
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 summons, notice, order or proclamation is to attend in person or by
agent, or to produce a document in 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."
Non-attendance in obedience to an order from public servant - Section 174 of
Indian Penal Code 1860
Not to appear for case hearing is another option being adopted by the accused.
This is totally in obedience and is a punishable offence. The legal provisions
are:
Section 174 of IPC provides "Whoever, being legally bound to attend in person or
by an agent at a certain place and time in obedience to a summons, notice, order
or proclamation proceeding from any public servant legally competent, as such
public servant, to issue the same,
intentionally omits to attend at that place of time, or departs from the place
where he is bound to attend before the time at which it is lawful for him to
depart, 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 summons, notice, order or proclamation is to attend in person or by
agent in 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.
Omission to produce document to public servant by person legally bound to
produce it- Section 175 of Indian Penal Code 1860
Sometimes the accused intentionally avoid producing documents which he is bound
to produce. This is also a punishable offence and the punishment provisions in
the IPC are:
As per Section 175 of IPC "Whoever, being legally bound to produce or deliver up
any document of 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 document 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."
Omission to give notice or information to public servant by person legally bound
to give it - Section 176 of Indian Penal Code 1860
Avoidance of giving notice or information to public servant by person legally
bound to give it is also a punishable offence. The punishment provision in IPC
is:
Section 176 of IPC provides that "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,
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.
Furnishing false information- Section 177 of Indian Penal Code 1860
Sometimes the accused gives false information to escape from criminal cases.
This may help to protect them for short period. But the end result will be
punishment for the offence plus additional punishment for giving false
information.
As per Section 177 of IPC "Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, 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;
or, if the information which he is legally bound to give 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 imprisonment of
either description for a term which may extend to two years, or with fine, or
with both."
Refusing oath or affirmation when duly required by public servant to make it-
Section 178 of Indian Penal Code 1860
It is mandatory to give oath and affirmation when required by public servant to make it. Violation of this provision is also punishable. The legal provision in IPC is:
According to Section 178 of IPC "Whoever refuses to bind himself by an oath
99[or affirmation] to state the truth, when required so to bind himself by a
public servant legally competent to require that he shall so bind himself, 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."
Refusing to answer public servant authorised to question - Section 179 of
Indian Penal Code 1860
It is the duty of the accused to give answer to public servant against the
questions. Those who refuse to give answer to public servant commits an offence
punishable under section 179 of IPC. The provision is:
As per section 179 of IPC "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."
Refusing to sign statement - Section 180 of Indian Penal Code 1860
Persons giving statement needs to sign on it to acknowledge the originality of
the document. Those who refuse to sign statement commits offence punishable
under IPC. The provision under IPC is:
Section 80 of IPC says that "Whoever refuses to sign any statement made by him,
when required to sign that statement by a public servant legally competent to
require that he shall sign that statement, shall be punished with simple
imprisonment for a term which may extend to three months, or with fine which may
extend to five hundred rupees, or with both."
False statement on oath or affirmation to public servant or person authorised
to administer an oath or affirmation - Section 181 of Indian Penal Code 1860
Giving false statement on oath or affirmation to public servant or person
authorized to administer an oath or affirmation is also punishable under IPC.
The provision is:
As per Section 181 of IPC "Whoever, being legally bound by an oath (or
affirmation) to state the truth on any subject to any public servant or other
person authorized by law to administer such oath 1[or affirmation], makes, to
such public servant or other person as aforesaid, touching the subject, any
statement which is false, and which he either knows or believes to be false or
does not believe to be true, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable
to fine."
False information, with intent to cause public servant to use his lawful power
to the injury of another person - Section 182 of Indian Penal Code 1860
This is another kind of crime by which people give false information to punish
another person. It may be due to enmity or to escape from criminal case. But it
is also a punishable criminal offence. The provisions in IPC are:
According to Section 182 of IPC "Whoever gives to any public servant any
information which he knows or believes to be false, intending thereby to cause,
or knowing it to be likely that he will thereby cause, such public servant-
(a) to do or omit anything which such public servant ought not to do or omit if
the true state of facts respecting which such information is given were known by
him, or
(b) to use the lawful power of such public servant to the injury or annoyance of
any person, shall be punished 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.