Omission to produce document to public servant by person legally bound to produce it
Section 210 BNS Act Of New Bharatiya Nyaya SanhitaSection 210 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the omission to produce a document or electronic record to a public servant when legally bound to do so.
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.
Illustrations
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.BNS-210: Omission to Produce Document
Key Points :
1. Legal Obligation
BNS-210 establishes the legal duty of individuals to produce documents or electronic records when required by public servants. This law is crucial in maintaining the integrity of legal and administrative processes.
2. Intentional Omission
The section specifically addresses cases where a person intentionally fails to produce the required document. This intention distinguishes the offense from inadvertent failure to comply.
3. Types of Punishments
BNS-210 outlines two different penalties based on the context of the omission:
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General Penalty:
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If a person fails to produce a document to a public servant (not a court), the punishment can include:
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Simple Imprisonment: Up to one month
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Fine: Up to five thousand rupees
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Combination of Both: Imprisonment and fine may both be imposed.
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Enhanced Penalty for Court-Related Omissions:
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If the document is required for a court proceeding, the penalties increase:
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Simple Imprisonment: Up to six months
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Fine: Up to ten thousand rupees
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Combination of Both: Similar to the general penalty.
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4. Illustrative Example
An example provided clarifies the application of the law:
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If person A is legally bound to present a document before a District Court and intentionally fails to do so, they have committed an offense as defined by this section.
5. Significance
This provision emphasizes the importance of compliance with legal requirements and the potential consequences of non-compliance. It aims to facilitate the efficient functioning of the judicial and administrative systems.
Offence : Omission to produce document to public servant by person legally bound to produce or deliver it.
Punishment : Simple imprisonment for 1 month, or fine of5,000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate
Offence : If the document is required to be produced in or delivered to a Court.
Punishment : Simple imprisonment for 6 months, or fine of10,000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate.
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