Bailabel Type : bailable
Description
Introduction
Certain individuals are legally required to inform public servants about specific incidents, offenses, or facts. If they fail to report such information despite being bound by law to do so, they can be punished under Section 176 IPC.
This provision ensures that people cooperate with legal authorities and do not suppress information that may affect justice, public safety, or governance.
Key Elements of Section 176 IPC
The Person Must Be Legally Bound to Give Information –
- The law applies when an individual has a legal duty to report information to a public servant (e.g., police officers, magistrates, tax officials, or government authorities).
- Example: A village head is required to report a crime occurring in the village.
The Person Must Have Willfully Omitted or Refused to Give Information –
- The person must have intentionally hidden or failed to provide the required notice or information.
- If the omission was accidental or due to lack of knowledge, it may not be an offense.
The Information Must Be Related to a Legal Duty or Public Interest –
- The information must be important for law enforcement, public administration, or safety.
- Example: A doctor failing to report a medico-legal case (such as a gunshot wound) to the police.
For example, if a person witnesses a murder but deliberately chooses not to inform the police, they can be punished under Section 176 IPC.
Punishment
Punishment Under Section 176 IPC
For General Cases:
- Simple imprisonment for up to 1 month, OR
- Fine up to ?500, OR
- Both imprisonment and fine
If the Information Was Legally Required for a Case Before a Court of Justice:
- Simple imprisonment for up to 6 months, OR
- Fine up to ?1,000, OR
- Both imprisonment and fine