Section 202 IPC - Intentional Omission to Give Information of Offence by Person Bound to Inform
Section 202 of the Indian Penal Code, 1860 dealt with the intentional failure to give information about an offence when the person knew or had reason to believe that the offence had been committed and was legally bound to provide that information.
Text of Section 202 IPC
Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Meaning of Section 202 IPC
Section 202 IPC did not make every failure to report an offence punishable. The provision applied where a person had knowledge, or reason to believe, that an offence had been committed, was under a legal duty to give information concerning that offence, and intentionally failed to discharge that duty.
The words "legally bound to give" are important. Liability under Section 202 depended on the existence of a legal obligation to provide the information. Mere awareness of an offence, without such a legal duty and an intentional omission, was not by itself sufficient to satisfy the wording of the section.
Essential Ingredients of Section 202 IPC
For the provision to apply, the prosecution had to establish the constituent requirements arising from the statutory language:
- An offence had been committed.
- The accused knew, or had reason to believe, that the offence had been committed.
- The accused was legally bound to give information respecting that offence.
- The accused omitted to give the required information.
- The omission was intentional.
The requirement of an intentional omission distinguishes a deliberate failure from an accidental, inadvertent or otherwise non-intentional failure to communicate information.
Knowledge or Reason to Believe
The section covered both actual knowledge and circumstances giving the person reason to believe that an offence had been committed. This mental element had to relate to the commission of an offence; the provision was not framed as a general punishment for silence in the absence of the required knowledge or reason to believe.
Legal Duty to Give Information
A central element of Section 202 IPC was that the person must have been legally bound to give information concerning the offence. Accordingly, the source and existence of the legal duty were material to the application of the section. The prosecution could not dispense with this requirement merely by showing that the accused possessed information about an alleged offence.
Intentional Omission
The omission contemplated by Section 202 had to be intentional. The statutory language therefore required more than proof that information was ultimately not supplied. The circumstances had to establish a deliberate omission by a person upon whom the relevant legal obligation rested.
Punishment under Section 202 IPC
| Provision | Section 202, Indian Penal Code, 1860 |
|---|---|
| Conduct covered | Intentional omission to give information respecting an offence by a person legally bound to give it |
| Mental element | Knowledge or reason to believe that an offence has been committed, together with intentional omission |
| Maximum imprisonment | Six months, of either description |
| Other punishment | Fine, or both imprisonment and fine |
Section 202 IPC and Related Offences
Section 202 addressed an intentional omission to provide information that a person was legally bound to give. It should be distinguished from neighbouring IPC provisions dealing with other conduct connected with offences and evidence. For example, Section 201 IPC dealt with causing evidence of an offence to disappear or giving false information with the intention of screening an offender, while Section 203 IPC dealt with giving false information respecting an offence committed.
Practical Legal Point
When considering Section 202 IPC, the inquiry was not simply whether a person knew something about an offence. The relevant questions included whether the statutory level of knowledge was present, whether a specific legal obligation to provide the information existed, and whether the failure to provide it was intentional. Each element had to be considered on the facts and evidence of the particular case.
Pre-BNS Scope of This Page
The Indian Penal Code, 1860 was the penal statute under which Section 202 operated. This page intentionally explains that provision in its pre-Bharatiya Nyaya Sanhita legal setting. For matters arising after the change in criminal law, the applicable new legislation and the relevant commencement and savings provisions should be examined separately.
This page provides general legal information and reproduces the substance of Section 202 IPC for reference. Application of a criminal provision depends on the facts, the applicable law and judicial interpretation.