Omission to give notice or information to public servant by person legally bound to give it
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Summary
When a person is legally bound to give notice or information to a public servant and intentionally omits to do so in the manner or time required by law, they commit an offence. For ordinary omissions the penalty is simple imprisonment up to one month, or fine up to Rs 5,000, or both. If the information concerns the commission, prevention or apprehension of an offence, the penalty rises to simple imprisonment up to six months, or fine up to Rs 10,000, or both. If the notice is required by an order under section 447 of the Bhartiya Nagarik Suraksha Sanhita, the penalty is imprisonment up to six months, or fine up to Rs 1,000, or both.
Example
Priya runs a licensed arms shop and is legally required to report any lost firearm to the police within 24 hours. She intentionally delays and does not inform the public servant in the required time and manner. Because the omission relates to prevention and apprehension of offences, she can be punished with simple imprisonment up to six months, or fine up to Rs 10,000, or both.
Bare Act
Enacted textWhoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law,
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(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
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(b) where 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 ten thousand rupees, or with both;
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(c) where the notice or information required to be given is required by an order passed under section 447 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
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