IPC Section 175 - 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.

Share:
Bailable, Non-cognizable

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused was legally bound to produce the document.
  • They intentionally omitted to produce it.
  • The production was required by a public servant.
  • The omission was not due to inability to produce.

Potential Defenses:

  • The accused was not legally bound to produce.
  • The omission was not intentional.
  • The document was not available.
  • The accused had a valid excuse for non-production.

Practical Examples

What Constitutes the Offense:

A person deliberately not producing tax documents when required, or refusing to hand over business records to investigators.

What Doesn't Constitute:

A person being unable to locate documents, or documents being destroyed by natural causes.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized that this section applies to intentional failure to produce required documents or electronic records.

Punishment

Simple imprisonment for up to 1 month, or Fine up to ₹500, or both

Related Information

Connected Sections:

This section deals with non-production of documents. It is often charged alongside other contempt offenses.

Procedural Aspects:

No government sanction is required. The case is triable by any Magistrate.

← Back to Indian Penal Code