Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
IPC Section 202: Simplified Explanation
IPC Section 202 of the Indian Penal Code (IPC) deals with the offence of intentional omission to give information about an offence by a person who is legally bound to inform. According to this section, if a person is aware that an offence has been committed or has reason to believe that an offence has been committed and fails to provide such information to the authorities when legally bound to do so, they can be punished under this section.
Key Elements:
- Knowledge of the Offence: The person must have knowledge or a reason to believe that an offence has been committed.
- Legal Duty to Inform: The person must be legally bound to give information regarding the offence.
- Intentional Omission: There must be an intentional omission to provide this information.
Is IPC Section 202 Bailable?
Yes, IPC Section 202 is bailable. This means a person accused under this section has the right to seek bail from the police or the court. Since it is categorized as a bailable offence, obtaining bail is generally straightforward. The accused can be released on bail after furnishing the necessary bond and fulfilling any conditions imposed by the court.
IPC Section 202 Punishment
The punishment for an offence under IPC Section 202 can vary depending on the gravity of the offence that was not reported. The punishment prescribed is imprisonment of either description for a term extending to six months, with a fine, or with both.
This means:
- Imprisonment: The convicted person may be sentenced to a jail term of up to six months.
- Acceptable: The court may impose a monetary penalty on the convicted person.
- Both: The court may choose to impose both imprisonment and a fine.
Example of IPC Section 202
Imagine a scenario where a doctor is treating a patient who comes in with injuries consistent with domestic violence. The doctor, by law, is required to report such cases to the police. If the doctor, despite knowing that the injuries are a result of domestic violence, decides not to inform the authorities, this omission would fall under IPC Section 202. The doctor’s failure to report the offence, despite being legally bound to do so, constitutes an intentional omission, and they can be prosecuted under this section.
In this example, the doctor could be imprisoned for up to six months, fined, or both, depending on the court’s discretion.
