Bailabel Type : bailable

Description

Section 214 of the Indian Penal Code (IPC): Refusing to Answer Public Servant Authorized to Question

Section 214 of the Indian Penal Code (IPC) deals with the offense of refusing to answer a public servant who is authorized to ask questions in the course of their official duties. This law ensures that individuals cooperate with public servants when they are exercising their official duties and asking questions as part of an investigation or inquiry.

Text of Section 214 IPC:

"Whoever, being required by a public servant, who is authorized by law to question him, refuses to answer the questions which he is legally required to answer, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

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Key Elements of Section 214 IPC:

1. Requirement to Answer Questions:

   • An individual is required to answer questions posed by a public servant who has the legal authority to question them. This could involve inquiries or investigations related to criminal matters, administrative processes, or official inquiries.

2. Public Servant's Authorization:

   • The public servant questioning the individual must be authorized by law to do so. For example, police officers, government officers, or judicial authorities are typically authorized to question individuals in relation to their official duties.

3. Refusal to Answer:

   • The offense occurs when the individual refuses to provide an answer to the questions they are asked by the public servant. The refusal must be intentional and not due to any legal exemption (for example, the right to remain silent in certain situations, such as when a person’s answer could incriminate them).

4. Legal Obligation:

   • The individual is legally bound to answer questions posed by an authorized public servant in certain circumstances. However, the requirement to answer may not apply in all situations, particularly if answering could self-incriminate (e.g., the right to silence in criminal matters).

Punishment

Punishment Under Section 214 IPC:

If a person refuses to answer questions from a public servant authorized by law to ask, the individual can face:

• Imprisonment: The individual may face imprisonment of either description (simple or rigorous) for a period that may extend to one year.

• Fine: The individual may be fined.

• Both: The person could be subjected to both imprisonment and fine.

• ne: The court may impose a fine, or both fine and imprisonment can be ordered.