BNS 210 : Omission to Produce Document or Electronic Record to Public Servant .

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Introduction of Section BNS 210

BNS Section 210 deals with the omission to produce a document or electronic record to a public servant or court when a person is legally bound to do so. If someone deliberately refuses or fails to submit such records, they are guilty of an offence under this section.

The law distinguishes between two situations — one involving a general public servant’s order and the other involving a court’s requirement. While the former invites lighter punishment, failing to produce records in court carries stricter penalties. This section ensures that individuals and organizations respect legal obligations and cooperate with lawful authorities.

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The Bharatiya Nyaya Sanhita (BNS) Section 210 replaces the old Indian Penal Code (IPC) Section 175.

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What is BNS Section 210 ?

BNS Section 210 deals with individuals who are legally required to produce or deliver documents or electronic records to public servants, but deliberately fail to comply. The section prescribes punishments that vary depending on whether the omission occurs in general or in relation to court proceedings.

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Under Section 210 of the bns act 2023

“Whoever, being legally bound to produce or deliver a document or electronic record to a public servant or to a court, intentionally omits to do so, shall be punished with simple imprisonment which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.”

1. Meaning of BNS Section 210

• Legal obligation → A person is legally required to submit or deliver documents/electronic records when demanded by law.
• Omission → Failing or refusing to provide the required document or record.
• Intentional failure → The omission must be deliberate; accidental or unavoidable failure does not attract liability.
• Scope → Applies to both general omissions before a public servant and omissions in court proceedings (which are treated more seriously).

2. Who is Covered?

This section applies to:

• Individuals bound by law to provide official documents or electronic records.
• Companies/organizations whose officers are legally bound to submit records.
• Persons appearing in court who fail to produce required evidence or records.
• Any citizen refusing to deliver legally demanded records to a public servant.

3. Nature of the Offense

• Non-cognizable → Police cannot arrest without a warrant.
• Bailable → Accused has the right to bail.
• Non-compoundable → Cannot be settled privately; trial is mandatory.
• Triable by Magistrate → Cases are heard by a Magistrate, depending on seriousness (general vs court-related).

4. Examples of BNS Section 210

Example 1 – General Omission (210a):
A tax officer demands financial statements from a company. The manager deliberately withholds them. → Punishable with up to 1 month jail or ₹5,000 fine.

Example 2 – Court-Related Omission (210b):
A businessman is ordered by the court to present a contract in a property dispute. He intentionally avoids producing it. → Punishable with up to 6 months jail or ₹10,000 fine.

Example 3 – Not Guilty Case:
A person loses important documents in a fire and cannot present them despite being ordered. Since the omission is not intentional, it is not an offence under this section.

5. Punishment under BNS Section 210

• General Omission (210a):
  Simple imprisonment up to 1 month, or fine up to ₹5,000, or both.
• Court-Related Omission (210b):
  Simple imprisonment up to 6 months, or fine up to ₹10,000, or both.

6. Importance of BNS Section 210

• Ensures cooperation with public servants → Citizens and organizations cannot ignore lawful demands for documents.
• Strengthens court processes → Prevents obstruction by withholding crucial evidence.
• Protects transparency → Helps public authorities access necessary records.
• Promotes accountability → Discourages deliberate attempts to evade legal obligations.

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Section 210 BNS Overview

BNS Section 210 addresses the legal responsibility of individuals to produce or deliver a document or electronic record when legally required by a public servant or court. If a person intentionally fails to comply, they can face penalties, which vary depending on whether the omission relates to a public servant or a court proceeding. This section ensures accountability for fulfilling legal obligations to produce necessary documents or records.

BNS Section 210 – Key Points Explained in Detail

1. Obligation to Produce Documents or Electronic Records:
   • Under BNS Section 210, any individual who is legally required to provide or deliver a document or electronic record to a public servant must do so. This legal obligation applies when the public servant has the authority to request the document or record. Failure to comply constitutes an offence.
   • Example: If a government official demands specific financial records during an audit, the person responsible for those records must submit them.
2. Intentional Omission:
   • The section applies only when the omission is intentional. This means that the individual must have deliberately chosen not to provide the required document or electronic record. Accidental or unintentional failure is not covered by this section.
   • Example: If a person deliberately withholds a crucial document that is essential for a government investigation, they would be guilty under this section.
3. Punishment for General Omission:
   • If the omission is related to a general public servant (not a court), the person can be punished with simple imprisonment for up to one month or a fine up to ₹5,000, or both. This punishment reflects the seriousness of failing to comply with a public servant’s request.
   • Example: A business owner who fails to provide required documentation to a tax officer may face up to one month in jail or a fine.
4. Court-Related Omission:
   • If the omission involves a court, the punishment becomes more severe. Failing to produce a document or electronic record when required by a court can result in imprisonment for up to six months or a fine of up to ₹10,000, or both.
   • Example: If an individual fails to submit a legal contract as evidence in a court case, they can face six months of imprisonment or a substantial fine.
5. Non-Cognizable Offence:
   • The offence under BNS Section 210 is non-cognizable, meaning the police cannot arrest the person without a warrant. This emphasizes that the offence, though serious, does not require immediate police intervention unless the legal process is initiated.
   • Explanation: Since the failure to produce documents is not an immediate threat to public safety, it is categorized as non-cognizable.
6. Bailable Offence:
   • The offence is bailable, which means that after being arrested or summoned to court, the accused has the right to request bail. The accused can be released from custody while awaiting trial.
   • Explanation: A person charged under this section can apply for bail, allowing them to remain free during the legal process.
7. Non-Compoundable Offence:
   • The offence is non-compoundable, meaning that it cannot be privately settled between the parties involved. It must be resolved through the legal system, ensuring that the offence is properly addressed by the court.
   • Explanation: Since the offence involves legal obligations and public servants, it cannot be resolved through negotiation or settlement between the parties.
8. Jurisdiction of the Magistrate:
   • The trial for offences under BNS Section 210 will take place in the court where the offence occurred or in a court designated to hear the case. A Magistrate can preside over the case and deliver the judgment.
   • Explanation: If someone fails to produce a document in a local court, the case will be handled by the Magistrate of that specific court.
9. Protection of Public Trust:
   • The section is designed to ensure that individuals respect their legal obligations to public servants and courts. By enforcing penalties for failure to produce documents or records, the law upholds the integrity of government processes and judicial proceedings.
   • Explanation: It promotes accountability and discourages people from evading legal duties.
10. Purpose of BNS Section 210:
    • The purpose of BNS Section 210 is to prevent individuals from obstructing legal processes by intentionally withholding documents or electronic records. The law ensures that public servants and courts can access necessary information for the effective functioning of governance and justice.
    • Explanation: Without this section, individuals could deliberately avoid accountability by refusing to provide important documents, which could hinder legal processes.

Examples of BNS Section 210

1. Example 1 – Failing to Produce Records to Tax Authorities:
   • A person is legally required to submit their tax records to the income tax department. Despite repeated notices, the individual intentionally fails to submit these documents. This omission can lead to punishment under BNS Section 210, including imprisonment for one month or a fine of ₹5,000.
2. Example 2 – Failing to Present Evidence in Court:
   • A businessman, Ramesh, is ordered by a district court to submit a contract document related to a legal dispute. He deliberately avoids producing the document in court, despite the court’s order. Ramesh can be punished with imprisonment for up to six months or a fine of ₹10,000 under BNS Section 210.

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BNS 210 Punishment

1. Imprisonment:
   • For general omissions, the punishment is simple imprisonment for up to one month. If the omission involves a court, the imprisonment can extend up to six months.
2. Fine:
   • A fine of up to ₹5,000 can be imposed for general omissions, while omissions related to courts can result in a fine of up to ₹10,000. In both cases, imprisonment and a fine may be imposed together.

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BNS 210 bailable or not ?

BNS Section 210 is a bailable offence. This means that after being arrested, the accused can be released on bail, but they must still face the charges in court.

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Comparison Table – BNS Section 210 vs IPC Section 175

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BNS Section 210 FAQs

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Conclusion

BNS Section 210 plays an important role in upholding transparency and accountability in governance and judicial proceedings. Legal records — whether in physical or electronic form — are often vital for investigations, audits, and trials. By penalizing intentional omissions, this law ensures that citizens, businesses, and officials cannot obstruct justice by withholding crucial documents.

The provision also balances fairness by prescribing lighter punishment for general omissions and stricter punishment for court-related omissions, recognizing the seriousness of disobeying court orders. In short, Section 210 strengthens the legal framework by ensuring that no one can ignore lawful demands for documents or records.

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