BNS 211 : Omission to Give Notice or Information to Public Servant by Person Legally Bound to Give It

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Introduction of Section BNS 211

BNS Section 211 deals with the failure to provide notice or information to a public servant when a person is legally bound to do so. If someone deliberately withholds such information, they can face legal consequences.

This provision recognizes that timely information is essential for law enforcement, public safety, and administration of justice. Whether it is reporting an accident, disclosing hazardous conditions, or providing information that could prevent a crime, the law ensures individuals cannot neglect their legal duties. The punishment depends on the seriousness of the omission — with stricter penalties when the information relates to offences or public safety.

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The Bharatiya Nyaya Sanhita (BNS) Section 211 replaces the old Indian Penal Code (IPC) Section 176.

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What is BNS Section 211 ?

BNS Section 211 deals with the intentional omission by a person who is legally required to provide notice or information to a public servant. If someone deliberately fails to give such notice or furnish the necessary information at the time and in the manner required by law, they can face legal penalties. The severity of punishment depends on the type of information omitted, especially if it relates to the prevention or reporting of an offence.

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Under Section 211 of the bns act 2023

“Whoever, being legally bound to give any notice or furnish any information to a public servant, intentionally omits to do so, shall be punished with simple imprisonment or fine, depending on the nature of the omission. If the omission relates to the prevention or reporting of an offence, or to compliance with an order under Section 394 of BNSS, stricter punishment applies.”

1. Meaning of BNS Section 211

• Notice or information → Facts, reports, or warnings that the law requires a person to share with authorities.
• Legal obligation → The duty arises under a statute, rule, or lawful order.
• Omission → Failure to provide the information in the manner and time required by law.
• Intentional act → The failure must be deliberate; accidental non-compliance is not punishable.

2. Who is Covered?

This section applies to:

• Individuals bound to inform authorities about specific matters (e.g., accidents, hazards).
• Employers or business owners legally required to report safety or compliance details.
• Citizens with crime-related information who are legally obliged to inform the police.
• Persons covered by Section 394 BNSS orders (public safety or government directives).

3. Nature of the Offense

• Non-cognizable → Police cannot arrest without a warrant.
• Bailable → Accused has the right to be released on bail.
• Non-compoundable → Cannot be settled privately, must go through court trial.
• Triable by any Magistrate → Cases can be heard in a Magistrate’s court.

4. Examples of BNS Section 211

Example 1 – General Omission (Clause a):
A factory manager fails to notify the fire department about a chemical leak, despite being legally required. → Punishable with up to 1 month imprisonment or ₹5,000 fine.

Example 2 – Crime-Related Omission (Clause b):
A person knows the location of a criminal wanted by police but intentionally withholds the information. → Punishable with up to 6 months imprisonment or ₹10,000 fine.

Example 3 – Section 394 Order (Clause c):
A shopkeeper is required under a government order (Section 394 BNSS) to notify local authorities about storing explosives. He fails to do so. → Punishable with up to 6 months imprisonment or ₹1,000 fine.

Example 4 – Not Guilty Case:
A person does not inform authorities about a matter because they genuinely did not know about their legal duty. Since omission was not intentional, no offence is committed.

5. Punishment under BNS Section 211

• General omission (Clause a):
  Up to 1 month imprisonment, or fine up to ₹5,000, or both.
• Omission related to offences (Clause b):
  Up to 6 months imprisonment, or fine up to ₹10,000, or both.
• Omission under Section 394 order (Clause c):
  Up to 6 months imprisonment, or fine up to ₹1,000, or both.

6. Importance of BNS Section 211

• Strengthens public safety → Ensures authorities receive necessary information.
• Helps crime prevention → Encourages reporting of offences and suspects.
• Supports government orders → Holds citizens accountable for compliance with BNSS directives.
• Promotes transparency → Citizens cannot evade duties that affect community welfare.

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Section 211 BNS Overview

BNS Section 211 deals with the legal responsibility of a person to provide notice or information to a public servant when required by law. If someone is legally bound to give such information or notice but intentionally omits to do so, they can be punished. The severity of the punishment varies based on the nature of the information or notice and its significance, particularly if it relates to preventing or reporting an offence.

BNS Section 211 – Key Points Explained in Detail

1. Legal Duty to Provide Notice or Information:
   • Under BNS Section 211, a person who is legally required to provide notice or furnish information on any subject to a public servant must do so. The obligation arises from legal duties prescribed by law, where the information may be crucial for the performance of public duties.
   • Example: A business owner is required to notify the authorities about hazardous chemicals stored on their property. Failure to provide such notice can lead to legal consequences under this section.
2. Intentional Omission:
   • The section applies when the omission to give notice or information is intentional. The individual must have knowingly chosen not to provide the required information. Accidental omissions do not fall under this category.
   • Example: If a person fails to report knowledge of an upcoming criminal activity, despite knowing they are legally obligated to do so, they can be charged under this section.
3. Punishment for General Omission (Clause a):
   • If the omission does not relate to any offence but is a general failure to provide legally required information to a public servant, the individual can face simple imprisonment for up to one month or a fine of up to ₹5,000, or both.
   • Example: A factory manager failing to report a fire incident to the local safety authority might face this level of punishment.
4. Omission Related to Offence Prevention or Apprehension (Clause b):
   • If the information or notice pertains to the commission of an offence, or is necessary for preventing a crime or for the apprehension of a criminal, the punishment becomes more severe. In such cases, the person can be imprisoned for up to six months or fined up to ₹10,000, or both.
   • Example: Failing to inform the police about a suspect’s whereabouts, knowing that the information is crucial for apprehending a criminal, can result in imprisonment under this clause.
5. Omission under Section 394 Order (Clause c):
   • When the information or notice is required by an order passed under Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the punishment can be imprisonment for up to six months or a fine of ₹1,000, or both. Section 394 typically involves orders related to public safety or government directives.
   • Example: A shop owner who fails to notify local authorities about compliance with a government order regarding hazardous materials could be charged under this clause.
6. Non-Cognizable Offence:
   • The offence under BNS Section 211 is non-cognizable, meaning that the police cannot arrest the person without a warrant. Legal action must be initiated through the proper judicial process.
   • Explanation: As the omission does not pose an immediate threat to public safety, it is classified as non-cognizable.
7. Bailable Offence:
   • The offence is bailable, which means that the accused can request bail and be released from custody while awaiting trial. Bail can be granted by the court handling the case.
   • Explanation: Given the nature of the offence, it is categorized as bailable to allow the accused to continue with their daily life while the case is being processed.
8. Non-Compoundable Offence:
   • The offence is non-compoundable, which means that it cannot be settled between the parties outside the court. The matter must be resolved through a legal trial, ensuring that justice is upheld for violations of public duty.
   • Explanation: As it involves a legal obligation to provide information that may affect public interest or safety, it cannot be privately settled.
9. Jurisdiction and Trial by Magistrate:
   • The offence is triable by any Magistrate, meaning that a Magistrate’s court will handle the trial and proceedings. The case will be tried in the jurisdiction where the omission occurred.
   • Explanation: The court responsible for the jurisdiction where the omission took place will have the authority to hear the case and pass judgment.
10. Importance of Compliance with Legal Duties:
    • BNS Section 211 emphasizes the importance of complying with legal obligations to provide notice or information. Failure to comply can hinder public safety efforts, crime prevention, and judicial processes, making this section crucial for maintaining transparency and accountability in society.
    • Explanation: This section ensures that individuals do not deliberately avoid providing critical information that could prevent harm or assist in legal processes.

Example of BNS Section 211

1. Example 1: Failure to Notify Authorities About Dangerous Situation
   • A factory owner is legally required to notify the fire department about the presence of hazardous materials in the building. Despite being fully aware of this obligation, the owner fails to provide this information. This intentional omission under BNS Section 211 could result in one month of imprisonment or a fine.
2. Example 2: Not Reporting Information Related to a Crime
   • A person has knowledge of a planned robbery and is legally obligated to inform the police. However, they intentionally omit to give this information, despite knowing it could prevent the crime. This falls under Clause (b) of BNS Section 211, and the person could face six months in prison or a fine of ₹10,000.

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BNS 211 Punishment

1. General Omission (Clause a):
   • Imprisonment for up to one month or a fine up to ₹5,000, or both. This applies when the omission is unrelated to any offence but involves failing to provide legally required information to a public servant.
2. Omission Related to Offence (Clause b):
   • Imprisonment for up to six months or a fine up to ₹10,000, or both. This punishment applies when the omission is related to preventing a crime or apprehending a criminal.
3. Omission Under Section 394 Order (Clause c):
   • Imprisonment for up to six months or a fine up to ₹1,000, or both. This applies when the omission relates to an order passed under Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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BNS 211 bailable or not ?

BNS Section 211 is a bailable offence, meaning that an individual charged under this section can apply for bail and be released from custody while awaiting trial.

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Comparison Table – BNS Section 211 vs IPC Section 176

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BNS Section 211 FAQs

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Conclusion

BNS Section 211 highlights the responsibility of citizens to share vital information with public authorities. By classifying omissions into general failures, crime-related information, and orders under Section 394 BNSS, the law ensures proportionate punishment.

It strengthens accountability, transparency, and cooperation between citizens and the state. Whether it is preventing crime, protecting public safety, or supporting judicial processes, this section makes it clear that withholding critical information is not just irresponsible but also punishable.

In short, Section 211 ensures that the legal system receives the support it needs from individuals, thereby upholding justice and safeguarding society.

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Finished with BNS 211 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS 212 : Furnishing false information.
• https://marriagesolution.in/bns_section/bns-212/
• 213 BNS : When a person is asked by a judge or other public servant to take an oath or make a promise (affirmation) before giving evidence or statement, but the person refuses to do it.
• https://marriagesolution.in/bns_section/213-bns/
• 214 BNS :Refusing to answer public servant authorised to question.
• https://marriagesolution.in/bns_section/214-bns/
• BNS 215 : Refusing to sign statement.
• https://marriagesolution.in/bns_section/bns-215/
• 216 BNS : False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.
• https://marriagesolution.in/bns_section/216-bns/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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