Omission to assist public servant when bound by law to give assistance
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Summary
Anyone legally required to assist a public servant who intentionally omits that help may face simple imprisonment up to one month, or a fine up to Rs 2,500, or both. If the assistance is demanded by a public servant lawfully competent to do so for executing a court process, preventing an offence, suppressing a riot or affray, or apprehending a person charged, guilty, or escaped from custody, the punishment rises to up to six months imprisonment, or a fine up to Rs 5,000, or both.
Example
Ravi is asked by a police officer to help arrest a person who escaped from lawful custody, but he deliberately refuses. Under this section he can be punished with simple imprisonment for up to six months, or fined up to Rs 5,000, or both.
Bare Act
Enacted textWhoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance,
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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 two thousand five hundred rupees, or with both;
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(b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
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