Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered up to a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
Illustration.
A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section.
Simplified Explanation
Section 210 deals with the omission to produce a document or electronic record to a public servant, specifically when the individual is legally bound to do so. The section provides penalties for those who intentionally fail to deliver or produce documents or electronic records that they are legally required to present to public authorities or courts.
Key Elements of Section 210
1. Legal Obligation to Produce Documents or Records
- The section applies to individuals who are legally bound to produce a document or electronic record to any public servant, including law enforcement or judicial authorities, when required.
- Failure to comply with this obligation, without a justifiable reason, is considered an offense under this section.
2. Two Types of Non-Compliance
- Failure to Produce to a Public Servant
- If an individual omits or refuses to produce a document or electronic record to a public servant (who is lawfully entitled to receive it), they are penalized under part (a) of this section.
- Failure to Produce to a Court
- If the individual is legally obligated to produce the document or record before a court and omits doing so, the penalties under part (b) of the section apply. Since the legal process involving courts is more formal, the punishment is more severe.
Punishments for Non-Production
(a) Failure to Produce to Public Servant
- Imprisonment: Up to one month, or
- Fine: Up to five thousand rupees, or
- Both.
(b) Failure to Produce to Court
- Imprisonment: Up to six months, or
- Fine: Up to ten thousand rupees, or
- Both.
Illustration: Example
- Example: A person, being legally obligated to produce a document in a District Court, intentionally fails to do so. In this case, the individual has committed the offense defined under this section and will face the punishment outlined in part (b), which could include imprisonment for up to six months or a fine of up to ten thousand rupees, or both.
Purpose and Significance of Section 210
1. Ensuring Compliance with Legal Obligations
This section aims to ensure that individuals comply with their legal obligations to provide documents or records to authorities when required. It strengthens the integrity of legal proceedings by making sure necessary information is available to law enforcement or courts.
2. Encouraging Cooperation with Authorities
By imposing penalties for failure to produce documents, the law encourages individuals to cooperate with public servants and judicial authorities, thereby facilitating the legal process.
3. Accountability for Non-Compliance
This provision holds individuals accountable for intentional omissions, ensuring that people cannot evade their responsibilities, especially in legal and judicial matters.
Legal Analysis
- Intentional Omission
- The key element in this offense is intent. The individual must intentionally fail to produce or deliver the document or record. This means that accidental or inadvertent omissions, such as loss of documents, may not attract punishment unless intentional.
- Severity of the Penalties
- The law provides graduated penalties depending on the nature of the public servant or authority involved. The offense is treated more seriously if the document is to be produced in court, reflecting the higher stakes in judicial matters.
Key Takeaways for Law Students
- Understanding the Legal Obligation
- It’s crucial to recognize that individuals have a legal duty to produce documents when required by public servants or courts. This section reinforces the need for compliance with such legal orders.
- Distinction Between Public Servant and Court Orders
- A distinction is made between producing documents to a public servant and producing them to a court. Non-compliance with a court order carries a higher penalty due to the formal nature of judicial proceedings.
- Consequences of Non-Production
- Failing to comply with the legal duty to produce documents is treated seriously and can result in fines, imprisonment, or both. The penalty is more severe when the document is to be produced in court.
Comparison with Previous Laws
- This section aligns with similar provisions in other laws that mandate the production of documents or records to public authorities and courts, but it specifically penalizes intentional omissions to uphold legal accountability and ensure the proper functioning of justice.
Conclusion
Section 210 of the Bharatiya Nyaya Sanhita, 2023 highlights the importance of producing documents and electronic records to public servants and courts as part of legal procedures. The section ensures that individuals comply with legal orders, thereby supporting the integrity of the judicial process and law enforcement.
