IPC Section 179 - Refusing to Answer Public Servant Authorized to Question

Whoever, being asked by any public servant to answer any question which such public servant is legally empowered to ask, and which relates to the subject of his office, refuses to answer such question, shall be punished 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.

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Bailable, Non-cognizable

Official Text

“Whoever, being asked by any public servant to answer any question which such public servant is legally empowered to ask, and which relates to the subject of his office, refuses to answer such question, shall be punished 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.”

Legal Analysis

Elements to Prove:

  • The accused was asked a question by a public servant.
  • The public servant was legally empowered to ask the question.
  • The question related to the subject of their office.
  • The accused refused to answer the question.

Potential Defenses:

  • The public servant was not legally empowered.
  • The question was not related to their office.
  • The accused had a legal right to refuse.
  • The accused was unable to answer the question.

Practical Examples

What Constitutes the Offense:

A person refusing to answer police questions during investigation, or declining to provide information to tax authorities.

What Doesn't Constitute:

A person exercising their right to remain silent, or refusing to answer irrelevant questions.

Important Case Laws

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

The Supreme Court emphasized that this section applies to refusal to answer questions from public servants acting within their authority.

Punishment

Simple imprisonment for up to 6 months, or Fine up to ₹1,000, or both

Related Information

Connected Sections:

This section deals with refusal to cooperate with public servants. It is often charged alongside other contempt offenses.

Procedural Aspects:

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

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