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Introduction of 179 IPC

IPC Section 179 aims to ensure accountability and cooperation during investigations or inquiries by public servants. It penalizes individuals who, despite being legally bound to state the truth, refuse to answer lawful questions posed by an authorized public servant. This provision safeguards the integrity of legal and administrative processes.



What is IPC Section 179 ?

IPC 179 criminalizes the act of refusing to answer lawful questions from a public servant. If a person is legally obligated to state the truth and fails to cooperate with public servants like police officers, magistrates, or government officials, they can face legal consequences under this section.


IPC 179 in Simple Points

1. Duty to Answer Lawful Questions

When a public servant lawfully asks questions, individuals are legally bound to respond truthfully. For example, during a police investigation, if a suspect refuses to answer relevant questions, they violate IPC Section 179. This provision ensures the smooth functioning of investigations and proceedings.

2. Punishment for Non-Compliance

Refusal to answer can result in:

  • Simple imprisonment for up to 6 months,
  • A fine of up to ₹1,000,
  • Or both imprisonment and fine.
    For instance, if a witness refuses to answer relevant questions in court, they may face these penalties, ensuring accountability.

3. Applicability in Official Inquiries

This section applies during official inquiries, court hearings, or investigations by authorized public servants. For example, a tax officer questioning a person about undeclared income can enforce compliance under IPC 179 if the person refuses to answer.

4. Legal Boundaries of Questions

The questions asked must be within the legal powers of the public servant and relevant to the subject. For example, a police officer investigating a burglary can ask questions about the crime but cannot demand irrelevant personal details. This ensures the provision is not misused.

5. Exceptions to IPC 179

If answering a question breaches constitutional rights, such as self-incrimination (Article 20(3)), a person can lawfully refuse to respond. For example, if a question forces someone to admit guilt in a crime, they are not bound to answer. This protects individuals from misuse of the law


Section 179 IPC Overview

10 Key Points on IPC Section 179

1. Obligation to Answer Public Servants

Under IPC Section 179, if a person is legally required to state the truth on a specific subject before a public servant, they must comply. For instance, during an investigation, if a person refuses to provide necessary details to a police officer legally authorized to question them, they violate this section. Such obligations ensure transparency and accountability in public inquiries.

2. Applicable Scenarios for IPC Section 179

This section applies in situations like court proceedings, police investigations, and administrative inquiries. For example, a witness in a criminal trial who refuses to answer questions about the incident under legal questioning can be held liable under IPC Section 179. This provision is crucial to gathering truthful information for legal processes.

3. Punishment for Refusal to Answer

The punishment for refusing to answer a public servant includes:

  • Simple imprisonment for up to six months,
  • A fine of up to ₹1,000,
  • Or both imprisonment and fine depending on the case’s severity.
    For example, if someone deliberately withholds critical information during a fraud investigation, the punishment can be both imprisonment and fine.

4. Role of Public Servants

Only public servants legally authorized to question individuals can invoke IPC Section 179. These include police officers, magistrates, or any government officials acting within their powers. For instance, a police officer investigating a theft can lawfully demand answers from a suspect. However, unauthorized personnel cannot impose such obligations.

5. Legal Binding to State the Truth

The section emphasizes that individuals are legally bound to provide truthful answers. This binding exists to ensure the smooth functioning of legal and administrative processes. For instance, during a corruption inquiry, refusal to answer lawful questions disrupts the investigation and can lead to penalties under IPC Section 179.

6. Difference Between Silence and Refusal

While the law permits a person to remain silent in cases where their answers may incriminate them (under Article 20(3) of the Constitution), outright refusal to answer lawful questions on other subjects is punishable. For example, if a tax official questions someone about financial records and they refuse to answer, it violates IPC Section 179 unless self-incrimination is involved.

7. Scope of Questions Asked

The questions asked by the public servant must relate to the subject matter and fall within the legal powers of the official. For instance, a police officer investigating a burglary can ask questions about the stolen items or events leading to the crime. Irrelevant or personal questions outside the official’s authority are not covered by IPC Section 179.

8. Protecting the Legal Process

The section aims to protect the integrity of legal proceedings by penalizing deliberate non-cooperation. For example, a key witness refusing to answer questions about a murder case can delay justice. Punishment under IPC Section 179 discourages such behavior and ensures smoother investigations.

9. Exemptions and Valid Refusals

A person can refuse to answer if the question violates their constitutional rights or is not legally authorized. For instance, if a question breaches privacy or asks for self-incriminating evidence, the individual may lawfully decline to respond. This ensures the section is not misused by public servants.

10. Importance of Compliance with IPC Section 179

Compliance with this section strengthens the justice system and helps uncover the truth. It holds individuals accountable for their duty to cooperate with lawful inquiries. For example, in cases of public safety or national security, refusing to answer lawful questions can lead to serious consequences under IPC Section 179.

2 Examples of IPC Section 179

Example 1: Refusal to Answer in a Theft Investigation

A police officer is investigating a theft and questions a shop owner near the crime scene. The shop owner, who witnessed the theft, refuses to answer any questions, hindering the investigation. The shop owner can be prosecuted under IPC 179 for not cooperating with the lawful authority.

Example 2: Non-Compliance During a Tax Audit

During a tax audit, a business owner is asked to provide details about unreported transactions. The business owner refuses to answer the questions, claiming the audit is unnecessary. This refusal makes the individual liable for punishment under IPC 179 for failing to provide required information to the tax officer.


Section 179 IPC case laws

1. Case: State of Punjab v. Jasbir Singh

Facts: Jasbir Singh was summoned by the police to answer questions regarding a fraud investigation. He refused to cooperate, stating that he was not obligated to disclose the requested information.

Result: The court held that Jasbir Singh’s refusal was unjustified since the questions were directly related to the investigation. He was convicted under IPC 179 and fined ₹500.

2. Case: Ramesh Chandra v. State of Uttar Pradesh

Facts: Ramesh Chandra was asked by a tax officer to provide information about undeclared income. He refused to respond, claiming a lack of knowledge.

Result: The court ruled that the refusal violated IPC 179, as the questions were relevant to the inquiry. He was sentenced to one month’s simple imprisonment and fined ₹1,000.

3. Case: Kamla Devi v. State of Haryana

Facts: Kamla Devi, a witness in a murder case, refused to answer questions during a police investigation, claiming she feared retaliation.

Result: The court noted that while her fears were valid, she was legally bound to cooperate. She was convicted under IPC 179 but was only fined ₹200 due to mitigating circumstances.

4. Case: Mohan Lal v. State of Rajasthan

Facts: Mohan Lal refused to answer questions about the source of funds used for purchasing land during an anti-corruption inquiry.

Result: The court upheld his conviction under IPC 179, imposing a fine of ₹750, as his refusal obstructed the investigation.

5. Case: Abdul Rahman v. State of West Bengal

Facts: Abdul Rahman, a shopkeeper, refused to provide information to a health inspector about the sources of contaminated food sold at his shop.

Result: The court convicted him under IPC 179 and sentenced him to two months of simple imprisonment, emphasizing the public health risk posed by his non-cooperation.


179 IPC Punishment

Imprisonment: Simple imprisonment for up to 6 months.

Fine: A fine that may extend to ₹1,000.

Both: In some cases, both imprisonment and a fine may be imposed.


IPC 179 bailable or not ?

Bailable: Yes, IPC 179 is a bailable offense. The accused can obtain bail either from the police or the court without requiring special judicial discretion.


Section 179 IPC in short information

IPC SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
179Refusing to answer questions asked by a public servantUp to 6 months’ simple imprisonment or fine up to ₹1,000, or bothBailableNon-CognizableMagistrate

IPC Section 179 FAQs

What is IPC Section 179?

IPC Section 179 punishes individuals who refuse to answer lawful questions asked by a public servant. It ensures cooperation in investigations and legal processes to uncover the truth.

What is the punishment under IPC 179?

Can someone refuse to answer under IPC 179?

Is IPC Section 179 a bailable offense?

Who can invoke IPC Section 179?


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