IPC Section 187 - Omission to Assist Public Servant When Bound by Law to Give Assistance
Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
Official Text
“Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.”
Legal Analysis
Elements to Prove:
- The accused was bound by law to render assistance.
- The assistance was to a public servant.
- The public servant was executing public duty.
- The accused intentionally omitted to give assistance.
Potential Defenses:
- The accused was not legally bound to assist.
- The assistance was not to a public servant.
- The omission was not intentional.
- The accused was unable to provide assistance.
Practical Examples
What Constitutes the Offense:
A person refusing to help police during an emergency, or not providing information when legally required.
What Doesn't Constitute:
A person being unable to help due to physical limitations, or having no relevant information.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court emphasized that this section applies to intentional failure to assist public servants when legally required.
Punishment
Simple imprisonment for up to 1 month, or Fine up to ₹200, or both
Related Information
Connected Sections:
This section deals with failure to assist public servants. It is often charged alongside other contempt offenses.
Procedural Aspects:
No government sanction is required. The case is triable by any Magistrate.