Section 175 IPC: Omission to Produce Document or Electronic Record to Public Servant
Section 175 of the Indian Penal Code, 1860 punished a person who was legally bound to produce or deliver a document or electronic record to a public servant and intentionally omitted to do so. A higher punishment applied where the document or electronic record was required to be produced or delivered to a Court of Justice.
What did Section 175 IPC mean?
Section 175 applied when the law imposed an obligation on a person to produce or deliver up a document or electronic record to a public servant acting in that official capacity, and the person intentionally failed to comply. The provision therefore required more than the mere absence of a document: there had to be a legal obligation to produce or deliver it and an intentional omission to do so.
The second limb provided a higher maximum punishment where the document or electronic record was required to be produced or delivered to a Court of Justice.
Section 175 IPC - statutory provision
Omission to produce document or electronic record 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, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the document or electronic record is to be produced or delivered up to a Court of Justice, 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.
Essential ingredients of Section 175 IPC
- There must be a document or electronic record required to be produced or delivered.
- The person concerned must be legally bound to produce or deliver it.
- The production or delivery must be to a public servant acting as such, or, for the enhanced limb, to a Court of Justice.
- The person must intentionally omit to produce or deliver the document or electronic record.
The expression legally bound is important. Section 175 did not create a general duty to provide every document requested; the obligation to produce or deliver the material had to arise under law. Likewise, the word intentionally made deliberate omission an element of the offence.
Punishment under Section 175 IPC
| Situation | Maximum imprisonment | Maximum fine |
|---|---|---|
| Intentional omission to produce or deliver a document or electronic record to a public servant where legally bound to do so | Simple imprisonment up to 1 month | Rs. 500, or both imprisonment and fine |
| Where the document or electronic record is required to be produced or delivered to a Court of Justice | Simple imprisonment up to 6 months | Rs. 1,000, or both imprisonment and fine |
Document and electronic record
Section 91 and the First Schedule to the Information Technology Act, 2000 substituted the expression document or electronic record for the earlier reference to a document. The amendment took effect on 17 October 2000 and extended Section 175 to legally required electronic records as well as conventional documents.
Illustration under Section 175 IPC
The historical text originally referred to a "Zila Court"; the Adaptation of Laws Order, 1950 substituted "District Court."
Nature of the offence under the pre-BNS law
Under the Code of Criminal Procedure, 1973 classification applicable to Section 175 IPC, the offence was non-cognizable and bailable. Where the offence was committed in a Court, the applicable procedural provisions concerning offences affecting the administration of justice also had to be considered.
Present legal position after 1 July 2024
The corresponding provision is Section 210 of the Bharatiya Nyaya Sanhita, 2023, titled "Omission to produce document or electronic record to public servant by person legally bound to produce it." The core conduct remains substantially similar. Under the BNS, the maximum fine is Rs. 5,000 for the general limb and Rs. 10,000 where the document or electronic record is to be produced or delivered to a Court, while the respective maximum terms of simple imprisonment remain one month and six months.
This page primarily explains the IPC provision applicable before commencement of the BNS. The law applicable to an individual matter should be determined with reference to the relevant date, facts and statutory saving or transition provisions.
This article provides general legal information and does not substitute for advice based on the facts and record of a particular proceeding.