Bailabel Type : bailable

Description

Introduction

Public servants, such as police officers, magistrates, revenue officers, and medical officers, often require assistance from the public to perform their duties. Certain individuals are legally bound to provide such assistance, and if they refuse or fail to do so without a valid reason, they can be punished under Section 187 IPC.

This law ensures that citizens fulfill their legal duties to aid public servants in maintaining law and order, investigating crimes, or protecting public safety.

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Key Elements of Section 187 IPC

1. The Public Servant Must Be Performing a Lawful Duty –

   • The public servant must be legally authorized to request assistance.
   • Example: A police officer asking for help in catching a fleeing suspect.

2. The Person Must Be Legally Bound to Assist –

   • The law applies to certain professionals and ordinary citizens in specific situations.
   • Example: A doctor must assist in a medico-legal case when required by the police.

3. The Person Must Have Willfully Refused or Failed to Assist –

   • The refusal must be intentional and not due to inability or lack of knowledge.
   • Example: A village head refuses to inform the police about a crime despite knowing the details.

For example, if a person refuses to help the police in preventing a crime despite being legally required to do so, they can be punished under Section 187 IPC.

Punishment

Punishment Under Section 187 IPC

1. For general refusal to assist a public servant:

   • Simple imprisonment for up to 1 month, OR
   • Fine up to ?200, OR
   • Both imprisonment and fine

2. If the refusal relates to preventing a crime or apprehending an offender:

   • Simple imprisonment for up to 6 months, OR
   • Fine up to ?500, OR
   • Both imprisonment and fine