Introduction of IPC 175
IPC Section 175 deals with the failure to produce or deliver a document or electronic record to a public servant or a court of justice by a person who is legally required to do so. This section applies when there is a deliberate omission, which disrupts legal or administrative processes.
What is IPC Section 175 ?
IPC Section 175 defines the punishment for a person who is legally obligated to produce or deliver documents but intentionally fails to do so. It distinguishes between documents required by public servants and those required by courts, with different punishments for each.
IPC 175 in Simple Points
1. Legal Obligation to Produce Documents
Explanation: IPC Section 175 applies to individuals who are legally bound to produce or deliver specific documents or electronic records to a public servant or in a Court of Justice. This legal obligation can arise from a legal notice, subpoena, or any official order from a public servant or a court.
Example: A person may be summoned by the police or a tax department to submit specific documents, like income tax returns or property papers. If they intentionally fail to submit these documents, they are committing an offence under IPC 175.
2. Intentional Omission
Explanation: A key element of IPC 175 is that the failure to produce documents must be intentional. If the omission is due to an accidental error, misunderstanding, or unavoidable circumstance, the person is not liable under this section. The person must deliberately choose not to comply with the requirement to produce the document.
Example: If a person intentionally withholds documents from a police investigation, such as a forged document, to obstruct justice, they are guilty under IPC 175.
3. Applicability to Public Servants and Courts
Explanation: The law applies when the documents are required either by a public servant (e.g., a police officer, tax officer, government official) or by a court. There are stricter penalties if the omission pertains to documents needed by the court.
- Public Servants: A person may fail to provide documents required by police or government authorities.
- Courts of Law: If a person withholds documents that are required as part of a court case, the penalties are more severe.
Example: A person refuses to present a document when required by a government agency for investigation or deliberately fails to provide evidence in court proceedings.
4. Punishment for the Offence
- If the document is required by a public servant, the person can be punished with simple imprisonment for up to one month, or a fine of up to ₹500, or both.
- If the document is required by a court of law, the punishment can be more severe: simple imprisonment for up to six months, or a fine of up to ₹1,000, or both.
5. Bailable or Non-Bailable Offence
IPC 2175 is considered a bailable offence, meaning that the person accused of this offence can apply for bail. The accused will not necessarily be kept in prison until the trial is over, and the bail will be granted depending on the circumstances and the court’s discretion.
Section 175 IPC Overview
IPC Section 175 addresses the intentional omission of documents by individuals who are legally obligated to produce them. The law penalizes such omissions to prevent the obstruction of legal and administrative processes. It serves to ensure that justice is not delayed by the withholding of crucial documents. The punishments vary depending on whether the documents are required by a public servant or a court, with harsher penalties when courts are involved.
10 Key Points : IPC Section 175 (Failure to Produce Documents)
1. Legally Bound Obligation to Produce Documents
Explanation: A person may be legally required to produce certain documents or records by law. This could be due to legal notices, subpoenas, or orders from a public servant or a court. The law makes it compulsory for the person to comply with such orders.
Example: If a person is asked by the police to provide a bank statement as part of an investigation, they are legally obligated to do so under the law.
2. Intentional Omission
Explanation: The section applies specifically when the failure to produce documents is intentional. If the person neglects to deliver the documents by accident or due to unavoidable reasons, it does not constitute an offence under IPC 175. The omission must be deliberate.
Example: A person deliberately refuses to provide important documents, such as a property deed, because they do not want to disclose their ownership.
3. Applicability to Public Servants
Explanation: This section covers individuals who are required to provide documents to public servants. Public servants are people who serve the government in various capacities, such as police officers, revenue officers, or tax inspectors.
Example: A person fails to hand over their income tax returns when asked by a tax officer, despite being legally bound to do so.
4. Applicability to Courts of Justice
Explanation: The law imposes a stricter penalty when the documents are required to be produced before a court of law. Courts play a crucial role in the administration of justice, and withholding documents that are essential for a case can severely impact the legal process.
Example: A person is summoned by the court to provide a signed contract as evidence in a breach of contract case but intentionally avoids presenting it.
5. Covers Both Physical and Electronic Documents
Explanation: IPC 175 applies not just to physical documents but also to electronic records. In today’s digital age, electronic records such as emails, scanned copies, and digital files are often required for legal or administrative processes.
Example: A person fails to send an email or share a digital copy of a tax document when requested by the authorities.
6. Disruption of Legal and Administrative Processes
Explanation: The intentional omission of documents disrupts the smooth functioning of legal and administrative systems. Whether in a court case, investigation, or government process, withholding documents can delay or obstruct justice and decision-making.
Example: If a person withholds their passport during an immigration investigation, it could prevent authorities from making decisions or taking necessary actions.
7. Bailable Offence
Explanation: IPC 175 is a bailable offence, meaning that a person accused under this section can secure bail after being charged. They do not have to remain in jail unless convicted.
Example: If someone is charged with intentionally withholding documents, they can apply for bail, and the court will decide based on the case’s circumstances.
8. Non-Cognizable Offence
Explanation: IPC 175 is a non-cognizable offence, which means that the police cannot arrest the person or investigate the matter without a magistrate’s order. Police need permission from a magistrate to take action.
Example: If a person refuses to provide documents when requested by a public servant, the police cannot arrest them directly. They would need to seek approval from a magistrate first.
9. Trial by Magistrate
Explanation: Offences under IPC Section 175 are tried in a magistrate’s court. Magistrates handle cases that are not severe enough to be heard in higher courts, making the trial process relatively quicker.
Example: A person charged with intentionally omitting to produce documents will face a trial in the magistrate’s court where the evidence will be examined, and a decision will be made.
10. Illustration in Practice
Explanation: The section provides examples or “illustrations” to clarify its application. These are real-life scenarios where the law applies. The most common example includes someone deliberately failing to present documents when they are legally required to do so.
Example: A person receives a summons to provide a bank statement to the police in an investigation but intentionally fails to do so. The person can be punished for this intentional omission under IPC 175.
2 Examples of IPC Section 175
- Example 1: Non-Production of Financial Records
Facts: A government official, Mr. X, is legally required to produce financial records for a government audit. However, Mr. X intentionally fails to submit the necessary documents even after receiving a formal notice from a public servant.
Offence: Mr. X’s intentional omission to present the documents constitutes an offence under IPC Section 175.
Punishment: Since the omission was deliberate, Mr. X can be punished with simple imprisonment for up to one month, or a fine of up to ₹500, or both. - Example 2: Failing to Present Evidence in Court
Facts: A person, Mr. Y, is legally bound to present evidence in a criminal case pending in a district court. The court issues a notice to Mr. Y to produce a document that is crucial for the case. Mr. Y intentionally fails to comply with the order and does not appear in court to submit the required document.
Offence: Mr. Y’s failure to present the document as ordered by the court is a violation of IPC Section 175.
Punishment: As the document was required by a court of law, Mr. Y can face simple imprisonment for up to six months, or a fine of up to ₹1,000, or both.
175 IPC Punishment
- For Public Servants:
- Simple imprisonment up to one month.
- Fine up to ₹500.
- Or both imprisonment and fine.
- For Courts of Justice:
- Simple imprisonment up to six months.
- Fine up to ₹1,000.
- Or both imprisonment and fine.
IPC 175 bailable or not ?
IPC Section 175 is a bailable offence. This means that an individual charged with this offence can be released on bail while awaiting trial. The court may grant bail based on the nature of the case, the accused’s history, and other relevant factors.
Section 175 IPC in short information
Table of Contents for IPC Section 2175
IPC Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
---|---|---|---|---|---|
175 | Omission to produce or deliver documents to a public servant | – Imprisonment for up to 1 month, or – Fine of up to ₹500, or – Both If required by court: – Imprisonment for up to 6 months, or – Fine of up to ₹1,000, or – Both | Bailable | Non-Cognizable | Magistrate’s Court |
IPC Section 175 FAQs
What is IPC Section 175?
IPC Section 175 deals with the intentional failure of a person to produce or deliver documents to a public servant or court when legally required to do so. This omission is punishable with imprisonment and/or fines.
What is the punishment under IPC Section 175?
If the document is required by a public servant, the punishment can include imprisonment for up to 1 month, or a fine of up to ₹500, or both. If the document is required by a court, the punishment can be imprisonment for up to 6 months, or a fine of up to ₹1,000, or both.
Is IPC Section 175 a bailable offence?
Yes, IPC Section 175 is a bailable offence. The accused can apply for bail, and it is generally granted based on the nature of the case.
What is the difference between the punishment for documents required by a public servant and a court?
If the document is required by a public servant, the maximum imprisonment is 1 month and a fine of ₹500. However, if the document is required by a court, the imprisonment can be up to 6 months and the fine can be up to ₹1,000.
Can an accidental omission to produce documents result in punishment under IPC Section 175
No, IPC Section 175 applies only when the omission is intentional. Accidental or unavoidable failure to produce documents is not punishable under this section.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.