IPC Section 176 - 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.

Share:
Bailable, Non-cognizable

Official Text

“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.”

Legal Analysis

Elements to Prove:

  • The accused was legally bound to give notice or furnish information.
  • They intentionally omitted to do so.
  • The omission was regarding a public servant.
  • The omission was not due to circumstances beyond their control.

Potential Defenses:

  • The accused was not legally bound to give notice.
  • The omission was not intentional.
  • The accused had no knowledge of the requirement.
  • The accused had a valid excuse for non-compliance.

Practical Examples

What Constitutes the Offense:

A landlord not informing police about new tenants as required, or a business owner failing to report accidents.

What Doesn't Constitute:

A person being unaware of reporting requirements, or information being lost in transit.

Important Case Laws

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

The Supreme Court held that this section applies to intentional failure to provide required notices or information to public servants.

Punishment

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

Related Information

Connected Sections:

This section deals with non-compliance with reporting requirements. 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