Omission to assist public servant when bound by law to give assistance
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Summary
Persons legally bound to assist a public servant in the performance of official duties must not intentionally refuse. Intentional omission is punishable with simple imprisonment up to one month, or a fine up to Rs 200, or both. If the assistance was lawfully demanded to execute a court process, prevent an offence, suppress a riot or affray, or apprehend a charged or escaped person, the penalty rises to up to six months' simple imprisonment, or a fine up to Rs 500, or both.
Example
Rohan is a municipal officer who is legally required to assist police officers. When a police officer lawfully demands Rohan's help to stop a street affray and arrest a fleeing suspect, Rohan deliberately refuses. He may be punished with up to six months' simple imprisonment, or a fine up to Rs 500, 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, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if 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 of Justice, 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 hundred rupees, or with both.
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