INDIAN KANOON SECTION 176 IPC - Indian Penal Code - Omission to give notice or information to public servant by person legally bound to give it


Description

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.


Applicable Offences

1. Intentionally omitting to Give notice or information to a public servant by a person legally bound to Give such notice or information

Punishment - Simple Imprisonment for 1 Month or Fine or Both
This is a Bailable, Non-Cognizable offence and triable by Any Magistrate

2. If the notice or information required respects the commission of an offence, Etc.

Punishment - Simple Imprisonment for 6 Months or Fine or Both
This is a Bailable, Non-Cognizable offence and triable by Any Magistrate

3. If the notice or information is required by an order passed under Sub-Section 1 of section 356 of this Code

Punishment - Imprisonment for 6 Months or Fine or Both
This is a Bailable, Non-Cognizable offence and triable by Any Magistrate

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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