Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law,—.
(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) 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 which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;.
(c) where the notice or information required to be given is required by an order passed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Simplified Explanation
Section 211 addresses the offense of omitting to give notice or information to a public servant by a person who is legally bound to do so. It applies to individuals who, when required by law, fail to furnish necessary information or give notice to a public servant, either intentionally or by neglect. The section lays out penalties based on the nature and urgency of the required information or notice.
Key Elements of Section 211
1. Legal Obligation to Provide Notice or Information
- This section applies to individuals who are legally bound to give notice or information to any public servant when required by law.
- It focuses on intentional omissions: if a person intentionally fails to provide the notice or information, they will be penalized under this section.
2. Categories of Offense Based on the Nature of the Information
Section 211 outlines three different categories of offenses based on the subject and purpose of the information or notice that is not provided:
- (a) General Omission
If a person is required to provide notice or information on any matter, and they intentionally fail to do so, they will be penalized as follows:- Imprisonment: Simple imprisonment for up to one month, or
- Fine: Up to five thousand rupees, or
- Both.
- (b) Omission Regarding Criminal Offense
If the notice or information pertains to the commission of an offense, the prevention of an offense, or the apprehension of an offender, the penalties are more severe:- Imprisonment: Simple imprisonment for up to six months, or
- Fine: Up to ten thousand rupees, or
- Both.
- (c) Omission in Response to an Order Under Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023
If the notice or information is required due to an order passed under Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the penalties are:- Imprisonment: Either description for up to six months, or
- Fine: Up to one thousand rupees, or
- Both.
Punishments for Omitting to Provide Notice or Information
(a) General Omission
- Imprisonment: Up to one month, or
- Fine: Up to five thousand rupees, or
- Both.
(b) Omission Regarding Criminal Matters
- Imprisonment: Up to six months, or
- Fine: Up to ten thousand rupees, or
- Both.
(c) Omission Under Section 394 of the Bharatiya Nagarik Suraksha Sanhita
- Imprisonment: Up to six months (either description), or
- Fine: Up to one thousand rupees, or
- Both.
Illustrations
- General Omission:
- A person is required to provide information to a public servant regarding a land dispute. If they intentionally omit to do so, they have committed the offense under Section 211(a).
- Omission Regarding Criminal Offenses:
- A witness to a crime fails to report the incident to the police, knowing that the information could help in the prevention of future crimes or lead to the apprehension of the criminal. In this case, the offense falls under Section 211(b), and the individual could face a penalty of up to six months imprisonment or a fine up to ten thousand rupees, or both.
- Omission Under Section 394 of the Bharatiya Nagarik Suraksha Sanhita:
- An individual fails to provide the required information about a criminal activity under an order issued under Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In this case, they would face penalties under Section 211(c), with a potential imprisonment of up to six months or a fine up to one thousand rupees.
Purpose and Significance of Section 211
1. Promoting Transparency and Accountability
This section emphasizes the importance of individuals fulfilling their legal obligations to share vital information with public servants, especially in matters that affect public welfare or law enforcement. The section helps in promoting transparency and accountability in both administrative and judicial matters.
2. Enforcing Timely Communication to Authorities
By laying out specific penalties for failing to provide information, Section 211 ensures that public servants receive the information they need in a timely manner to perform their duties effectively, particularly in relation to crime prevention, investigation, and general governance.
3. Protecting Public Interest
The law holds individuals accountable for omitting to provide critical information that could help in the prevention of crimes or the apprehension of offenders, thus contributing to overall public safety and the maintenance of law and order.
Legal Analysis
- Intentional Omissions: The person must intentionally omit to provide the information or notice required by law. Accidental or inadvertent omissions may not attract the penalties outlined in this section, as intent is a crucial element.
- Differentiating Penalties: Penalties vary based on the seriousness of the omission. Failing to provide information related to a criminal offense or under an official order carries a higher penalty, which highlights the legal system’s priority on criminal justice matters.
- Preventing Harm: The section also works to prevent harm by incentivizing individuals to share information that could help authorities prevent the commission of crimes or identify perpetrators in a timely manner.
Conclusion
Section 211 of the Bharatiya Nyaya Sanhita, 2023 plays an essential role in enforcing legal obligations for individuals to provide necessary information or notices to public servants. Its provisions strengthen the legal framework by ensuring cooperation from the public in matters that affect crime prevention, law enforcement, and public safety.
