Section 176 IPC: Omission to Give Notice or Information to Public Servant
Section 176 of the Indian Penal Code, 1860 punished a person who was legally bound to give notice or furnish information to a public servant and intentionally failed to provide it in the manner and within the time required by law.
What did Section 176 IPC mean?
Section 176 applied where a person was under a legal duty to give a notice or furnish information on a subject to a public servant acting in that capacity, but intentionally omitted to do so in the manner or at the time prescribed by law. The section did not impose a universal obligation to report every fact; a legal duty to provide the particular notice or information had to exist.
A higher punishment applied where the required notice or information concerned the commission of an offence, was required to prevent an offence, or was required for apprehending an offender.
Section 176 IPC - statutory provision
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, 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 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 one thousand rupees, or with both;
or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898), 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.
Essential ingredients of Section 176 IPC
- The accused must have been legally bound to give a notice or furnish information.
- The notice or information must have been required to be given to a public servant acting as such.
- Law must have prescribed the manner and time for giving the notice or information.
- The omission must have been intentional.
- For the enhanced second limb, the information must relate to commission or prevention of an offence or apprehension of an offender.
Punishment under Section 176 IPC
| Situation | Maximum imprisonment | Maximum fine |
|---|---|---|
| General intentional omission to give legally required notice or information to a public servant | Simple imprisonment up to 1 month | Rs. 500, or both |
| Notice or information concerns commission of an offence, prevention of an offence, or apprehension of an offender | Simple imprisonment up to 6 months | Rs. 1,000, or both |
| Notice or information required by an order under Section 565(1) of the Code of Criminal Procedure, 1898 | Imprisonment of either description up to 6 months | Rs. 1,000, or both |
Historical Section 565 CrPC 1898 limb
The third limb of Section 176 referred to an order under Section 565(1) of the Code of Criminal Procedure, 1898. It was added by Act 22 of 1939. The reference formed part of the historical statutory text of Section 176 IPC and related to a special statutory obligation to provide notice or information pursuant to such an order.
Section 176 IPC and Section 177 IPC
Section 176 dealt with an intentional omission to give information where there was a legal duty to provide it. Section 177 IPC dealt with a different situation: a person who was legally bound to furnish information furnished as true information which he knew or had reason to believe was false. The distinction is therefore between intentionally withholding legally required information and furnishing false information.
Nature of the offence under pre-BNS law
Under the Code of Criminal Procedure, 1973 classification applicable to Section 176 IPC, the offence was non-cognizable and bailable and was triable by any Magistrate.
Present legal position after 1 July 2024
The corresponding provision is Section 211 of the Bharatiya Nyaya Sanhita, 2023. The general structure remains similar. For the first limb, the maximum fine is Rs. 5,000; for information concerning commission or prevention of an offence or apprehension of an offender, the maximum fine is Rs. 10,000. The maximum imprisonment terms remain one month and six months respectively.
Section 211 BNS also contains a special third limb linked to an order under the corresponding criminal procedure law. This page, however, is primarily concerned with Section 176 IPC and the legal position before commencement of the new criminal laws.
This article provides general legal information and does not substitute for advice based on the facts and procedural record of a particular case.