Chapter XIII of the BNS Act: Contempt Of The Lawful Authority Of Public Servants, explained

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This article has been written by SWAPNIL DUTT VYAS, triple MBA in (Finance ,Marketing and Insurance ) from AICTE approve and Completed three year full time L.L.M (Master of Law ) in (Business law/corporate law)

Table of Contents

Introduction

Public servants in India play a crucial role in maintaining the effective operation of the government across all its facets. Their duties encompass a range of tasks vital to investigations and court proceedings. When acts are committed that defy their lawful authority, it results in disruption and disorder within the system. The legal framework defining public servants can be found in Section 2(28) of BNS, 2023. Given the axiom that justice delayed is tantamount to justice denied, any obstruction in their duties poses significant disadvantages not only to the public but also to these public servants themselves.

This article delves into the various offenses categorized as contempt and the corresponding punishments associated with them.

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Section 204. Absconding to avoid service of summons or other proceeding.:-

Whoever absconds in order to avoid being served with a summons, issued by public servant legally competent,willl be punished with simple imprisonment term with one month, or with fine five thousand rupees, or with both, where such summons or notice or order is to attend in person or by agent, orto produce a document or an electronic record in a Court shall punished with simple imprisonment for a term six months, or with fine ten thousand rupees, or with both.[1]

Section 205. Preventing service of summons or other proceeding, or preventing publication thereof:-

Whoever in any manner intentionally prevents the serving of summon on himself Intentionally removes any such summons, intentionally prevents the lawful making of any proclamation of summon ,will be punished with simple imprisonment for a term one month or with fine five thousand rupees, or with both, where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court with simple imprisonment for term six months, or with fine ten thousand rupees, or with both.

Section 206. Non-attendance in obedience to an order from public servant. :-

Whoever, being legally bound to attend in person or by an agent at a certain placeand time in obedience to a summons, but Intentionally omits to attend at that place or time or departs from the place where he is bound to attend ,will be punished with simple imprisonment for a term one month, or with fine five thousand rupees, or with both, where the summons, notice, order or proclamation is to attend in person or by agent in a Court with simple imprisonment for a term of six months, or with fine ten thousand rupees,or with both.

Section 207. Non-appearance in response to a proclamation under section 82 of Act __ of 2023.:-

Whoever fails to appear at the specified place and the specified time as required by a proclamation published will be punished with imprisonment for a term three years or with fine or with both or with ,community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, willl be punished with imprisonment seven years and fine.

Section 208. Omission to produce document 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, tentionally omits so to produce or deliver up the same, will be punished with simple imprisonment for a term one month, or with fine five thousand rupees, or with both, where the document or electronic record is to be produced or delivered up to a Court with simple imprisonment for a term to six months, or with fine ten thousand rupees, or with both.

Section 209. 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, intentionally omits to give such notice or to furnish such information ,willl be punished with simple imprisonment for a term one month, or with fine o five thousand rupees, or with both, where 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 six months, or with fine which may extend to ten thousand rupees, or with both, where the notice or information required to be given is required by an order passed under section 447 of the Bhartiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either description for a term six month and fine one thousand or with both.

Section 210. Furnishing false information.:-

Whoever, Furnishing false information will be punished with simple imprisonment for a term six months, or with fine five thousand rupees, or with both, where the information which he is legally bound to give 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 imprisonment of either description for a term two years, or with fine, or with both.

Section 211. Refusing oath or affirmation when duly required by public servant to make it.:-

Whoever refuses oath or affirmation required so to bind himself by a public servant legally competent to require that he will be punished with simple imprisonment for a term six months, or with fine five thousand rupees, or with both.

Section 212. Refusing to answer public servant authorised to question.:-

Whoever, refusing to answer public servant authorised to question will be punished with simple imprisonment for a term six months, or with fine five thousand rupees, or with both.[2]

Section 213. Refusing to sign statement.:-

Whoever refuses to sign any statement as suggest by public servant legally competent will be punished with simple imprisonment for a term of three months, or with fine three thousand rupees, or with both

Section 214. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.:-

Whoever make False statement on oath or affirmation to public servant will be punished with imprisonment of either description for a term three years, and shall also be liable to fine

Section 215. False information, with intent to cause public servant to use his lawful power to the injury of another person.:-

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant shall be punished with imprisonment of either description for a term one year, or with fine ten thousand rupees, or with both.

Section 216. Resistance to the taking of property by the lawful authority of a public servant:-

Whoever resistance to public servant for taking of any property will be punished with imprisonment of either description for a term six months, or with fine ten thousand rupees, or with both.

Section 217. Obstructing sale of property offered for sale by authority of public servant.:-

Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such,

Will be punished with imprisonment of either description for a term one month, or with fine five thousand rupees, or with both.

Section 218. Illegal purchase or bid for property offered for sale by authority of public servant.:-

Whoever Illegal purchase or bid for property offered for sale by authority of public servant shall be punished with imprisonment of either description for a term one month, or with fine two hundred rupees, or with both.

Section 219. Obstructing public servant in discharge of public functions.:-

Whoever voluntarily obstructs any public servant in the discharge of hispublic functions,shall be punished with imprisonment of either description for a term three months, or with fine two thousand five hundred rupees, or with both.

Section 220. 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, will be punished with simple imprisonment for a term one month, or with fine two thousand five hundred rupees, or with both; where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, will be punished with simple imprisonment for a term six months, or with fine five thousand rupees, or with both.

Section 221. Disobedience to order duly promulgated by public servant.:-

Whoever, disobedience to order duly promulgated by public servant shall, if such disobedience causes or tends to cause obstruction, annoyance

or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term six months or with fine two thousand five hundred rupees, or with both, and where such disobedience causes or tends to cause danger to human

life, health or safety, or causes or tends to cause a riot or affray, will be punished with imprisonment of one year, or with fine five thousand rupees, or with both.

Section 222. Threat of injury to public servant. :-

Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, will be punished with imprisonment of either description for a term two years, or with fine, or with both.

Section 223. Threat of injury to induce person to refrain from applying for protection to public Servant:-.

Whoever . Threat of injury to induce person to refrain from applying for protection to public Servant willl be punished with imprisonment of either description for a term one year, or with fine, or with both.

Section 224. Attempt to commit suicide to compel or restraint exercise of lawful power.:-

Whoever Attempt to commit suicide to compel or restraint any public servant from discharging his official duty exercise of lawful power will be punished with simple imprisonmentfor a term one year or with fine or with both or with community service.

[1] Sanjiv vs State crma 15438/2011 Gujarat Highcourt

[2] Nandini satpathy vs dani pl and anr 1978 sci