Discuss the following offences: (1) Refusing to answer public servant authorized to question; (2) Refusing to sign the statement (3) False statement on oath or affirmation of public servant etc.

Question: Discuss the following offences.

1. Refusing to answer public servant authorized to question

2. Refusing to sign the statement,

3. False statement on oath or affirmation of public servant etc.

Find the answer to the mains question only on Legal Bites. [Discuss the following offences: (1) Refusing to answer public servant authorized to question; (2) Refusing to sign the statement (3) False statement on oath or affirmation of public servant etc.]

Answer

• Refusing to answer public servant authorized to question,

Section 179 deals with the refusal to answer the questions by a public servant. It provides that Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, 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 offence under section 179 also applies to the accused; used in Section 161(1) CrPC 1973 are ‘any person acquainted with the facts and circumstances of the case. 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.

• Refusing to sign the statement,

Section 180 deals with the refusal to sign statements. Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

This section was enacted at a time when all witnesses were required to sign the statements recorded by the police officer. However, under section 162 of the present CrPC, witnesses are not required to sign the statements made by them. However, where a complaint is made in writing about an offence and which is received under Section 154, Crpc, then the complaint should bear the signature of the first informant or the complainant. Similarly, statements or confessions given by persons or accused under s 164, Crpc, to judicial magistrates (popularly called judicial confessions), are required to be signed by the persons making it on all the pages bearing their statements or confessions.

Thus, in the absence of any statutory obligation an accused, who refuses to sign a statement, commits no offence under the section.

• False statement on oath or affirmation of public servant etc.

Section 181 deals with False statements on oath or affirmation of public servants or person authorized to administer an oath or affirmation.— Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or another person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section 181 punishes making a false statement on oath or affirmation to a public servant. To rope an accused in s 181, the prosecution needs to prove that the accused: (i) took the oath or made the affirmation; (ii) was legally bound to do so and to state the truth to a public servant; and (iii) made a statement which was false or he knew or had reasons to believe that the statement was false or he did not believe that the statement was true. However, s 181 is inapplicable when the public servant administers the oath in a case wholly beyond his jurisdiction.

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