CHAPTER XIII
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
Section 204 BNS| Bharatiya Nyaya Sanhita (BNS):
Personating a public servant.
Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine.
Section 205 BNS| Bharatiya Nyaya Sanhita (BNS):
Wearing garb or carrying token used by public servant with fraudulent intent.
Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
Section 206 BNS| Bharatiya Nyaya Sanhita (BNS):
Absconding to avoid service of summons or other proceeding.
Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,––
(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;
(b) where such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall punished 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.
Section 207 BNS| Bharatiya Nyaya Sanhita (BNS):
Preventing service of summons or other proceeding, or preventing publication thereof.
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or orderor intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,––
(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;
(b) where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court 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.
Section 208 BNS| Bharatiya Nyaya Sanhita (BNS):
Non-attendance in obedience to an order from public servant.
Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,––
(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;
(b) where the summons, notice, order or proclamation is to attend in person or by agent in a Court 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.
Illustrations.
(a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.
(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.
Section 209 BNS| Bharatiya Nyaya Sanhita (BNS):
Non-appearance in response to a proclamation under section 84 of Bhartiya Nagarik Suraksha Sunhita 2023.
Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bhartiya Nagarik Suraksha Sanhita, 2023 shall be punished with imprisonment for a term which may extend to three years or with fine or with both or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
Section 210 BNS| Bharatiya Nyaya Sanhita (BNS):
Omission to produce document to public servant by person legally bound to produce it.
Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same,––
(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;
(b) and where the document or electronic record is to be produced or delivered up to a Court 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.
Illustration.
A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section.
Section 211 BNS| Bharatiya Nyaya Sanhita (BNS):
Omission to give notice or information to public servant by person legally bound to give it.
Whoever, 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,––
(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;
(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;
(c) where the notice or information required to be given is required by an order passed under section 394 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.
Section 212 BNS| Bharatiya Nyaya Sanhita (BNS):
Furnishing false information.
Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false,––
(a) 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;
(b) where the information which he is legally bound to give 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 imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Illustrations.
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, residing in a neighbouring place, and being section 28 of the Bhartiya Nagarik Suraksha Sanhita, 2023 to give early and punctual information of the above fact to the officer of the nearest police-station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the latter part of this section.
Explanation.—In section 211 and in this section the word “offence” include any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and the word “offender” includes any person who is alleged to have been guilty of any such act.
Section 213 BNS| Bharatiya Nyaya Sanhita (BNS):
Refusing oath or affirmation when duly required by public servant to make it.
Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, 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.
Section 214 BNS| Bharatiya Nyaya Sanhita (BNS):
Refusing to answer public servant authorised to question.
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 five thousand rupees, or with both.
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Section 215 BNS| Bharatiya Nyaya Sanhita (BNS):
Refusing to sign statement.
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 three thousand rupees, or with both.
Section 216 BNS| Bharatiya Nyaya Sanhita (BNS):
False statement on oath or affirmation to public sevant or person authorised 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 authorised by law to administer such oath or affirmation, makes, to such public servant or other 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 217 BNS| Bharatiya Nyaya Sanhita (BNS):
False information, with intent to cause public servant to use his lawful power to the injury of another person.
Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him;or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.
Illustrations.
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one
of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.
Section 218 BNS| Bharatiya Nyaya Sanhita (BNS):
Resistance to the taking of property by the lawful authority of a public servant.
Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description 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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Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS)
General exceptions (Section 14 to Sexual 33 of BNS):
Right of private defence (Section 34 to Section 44 of BNS):
Rape provisions (Section 63 to Section 72 of BNS):
Murder, Culpable Homicide, Abetment to Suicide (Section 98 to Section 108 of BNS):
Kidnapping (Section 135 to Section 144 of BNS):
Theft and Snatching (Section 301 to Section 305 of BNS):
Cheating, Mischief and Trespass (Section 316 to Section 332 of BNS):
BNS Section 204,205,206,207,208,209,210,211,212,213,214,215,216,217,218 BNS| Bharatiya Nyaya Sanhita
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