State briefly the various provisions in the Penal Code intended to enforce obedience to the lawful authority of public servants.

Question: State briefly the various provisions in the Penal Code intended to enforce obedience to the lawful authority of public servants.

Find the answer to the mains question only on Legal Bites. [State briefly the various provisions in the Penal Code intended to enforce obedience to the lawful authority of public servants.]

Answer:

Chapter X of the IPC, containing 20 sections [Sections 172 to 190], covers the subject of the penal consequences of all disobedience of the lawful authority of public servants. This chapter provides for the penal actions liable to be taken against members of the public for disobedience to the lawful orders of all the three main classes of public servants: courts of justice, officers of the revenue, and of the police.

The following are the main categories of offences elaborated in the chapter:

1. Offences relating to avoidance or prevention of summons, notice or orders (Sections 172-174).
2. Offence relating to non-appearance in response to a proclamation made under Section 82 of the Crpc (Section 174A).
3. Offences relating to the production of documents or furnishing information (Sections 175-177).
4. Offences relating to statements on oath (Sections 178-181).
5. False information causing wrongful use of power by public servants causing injury (Section 182).
6. Offences relating to the sale of property effected through the legal process (Sections 183-186).
7. Offences relating to disobeying or non-enforcing order of public servant (Sections 187-190).

Section 172 deals with if a person absconds intentionally from a place to avoid being served with the summons. The punishment for this offence is simple imprisonment which may extend up to one month or a fine which may extend up to five hundred rupees.

Section173 deals with the prevention of summons intentionally. The punishment for preventing a summons intentionally is simple imprisonment which may extend up to one month and a fine which may extend up to five hundred rupees.

Section 174 deals with offences relating to non-appearance in response to a proclamation. Section 174 A inserted by the 2005 amendment prevents the non-appearance in the response of proclamation. If the court has all reasons to believe that the person has absconded or is concealing himself so that the warrant cannot be executed then the court can publish a written proclamation asking him to appear within thirty days. The punishment under this section is imprisonment which may extend up to seven years and also fine.

Section 175 deals with the intentional omission of production of documents to public servants and 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.

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

Section 178 deals with refusal of oath or affirmation when necessary and the punishment, this section is punishable with simple imprisonment which may extend up to six months and a fine of rupees thousand.

Section 179 and 180 deal with the refusal to answer the questions by a public servant and refusal to sign statements provided by them respectively. Section 182 deals with providing false information to the public servants in order to cause injury to the other person by using the lawful authority of public servants.

Section 183 to 185 deals with offences relating to the sale of property effected through the legal process. The main offences are:

• Resistance to the taking of property by lawful authority.
• Obstructing the sale of the property.
• Illegal purchase or bid for property offered.

Section 186 states that, if a person voluntarily obstructs any public servant who is discharging his public functions, it would be considered as an offence and whenever there is a need to assist the public servant and if a person intentionally omits it, then he can be punished under Section 187 with simple imprisonment which may extend to one month or fine which may extend up to two years.

Section 188 deals with disobedience of an order that is duly promulgated by a lawful authority. This section makes disobedience of an order promulgated by a public servant lawfully empowered to do is in the public interest punishable.

Section 189 gives protection to the public servants against any threat from the public. The threat of injury can be for two reasons, it can be used to induce the public servant to do any act that is unlawful or it can be used to restrict the servant from doing his duty. Similarly, Section 190 gives protection to the public and enables them to get help from the public servants.

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Important Mains Questions Series for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions