Describe the following offences and punishment provided:- (1) Omission to give notice or information to public servants by a person legally bound to give it; (2)Furnishing false information; and (3) Refusing oath or affirmation when duly required by public servant to make it.

Question: Describe the following offences and punishment provided.

1. Omission to give notice or information to public servants by a person legally bound to give it;

2. Furnishing false information; and

3. Refusing oath or affirmation when duly required by public servant to make it.

Find the answer to the mains question only on Legal Bites. [Describe the following offences and punishment provided, therefore]

Answer

1. Omission to give notice or information to public servants by a person legally bound to give it;

Section 176 deals with the intentional omission to give notice or information. This section applies to persons upon whom an obligation is imposed by law to give or furnish certain information to public servants. However, the failure to comply with the obligation to assist public servants becomes punishable under this section, only if two conditions are established:

1. There must have been a public duty cast on the accused concerned;
2. There must have been intentional non-performance of the duty cast.

To make the non-performance of the duty punishable, however, the effect must be such as to have led to some injury because of the non-disclosure or withholding of the information, when the public servant has not already received the information. The punishment for this is 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;

2. Furnishing false information; and

Section 177 deals with the furnishing of false information and make giving of false information to a public servant an offence. 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. The offence under this section is non-cognizable, bailable, non-compoundable, and may be tried by a Magistrate.

The essential ingredients, therefore, are as follows:

1. The accused must be legally bound to furnish the information;
2. The information must be furnished to a public servant;
3. That in pursuance of such requirement, the accused did furnish certain information;
4. The information so furnished was actually false;
5. The accused must have furnished the information knowing well that it was actually false or had reason to believe that it was false;
6. With regard to the operation of cl 2, an aggravated form of the offence, the information must have been in connection with the commission of an offence.

3. Refusing oath or affirmation when duly required by public servant to make it.

Section 178 deals with refusing oath or affirmation when duly required by public servant to make it. Whoever refuses to bind himself by an oath 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.

The element of mens rea is most crucial for securing a conviction under this provision. Thus, where there is no wilful refusal, but only unwitting omission or innocent warding off of giving information, then the accused is entitled to benefit of the doubt.

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