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Section 210 falls under Chapter 13 of the Bharatiya Nyaya Sanhita (BNS). Chapter 13 covers offences of contempt of the lawful authority of public servants. Each section under this chapter deals with different offences related to disobeying the authority exercised by a public servant in performance of his or her duty. Section 189 specifically deals with failure to comply with a government order. Let us take a closer look at its provisions.
Section 210 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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.
This section deals with disobeying a government order, specifically one where a person is legally bound to deliver a document or electronic record fails to do so. A person is legally bound to deliver a document or an electronic record to a public servant when an order is passed by an authorised public servant instructing the person to deliver that specific document at a specific place and time. The order will also issue a deadline by which such document or record must be produced as specified in the order.
Failure to meet the requirements of the order amounts to an offence under the provisions of section 210 and is punishable 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. Further, it states that if the document or record has been ordered by a court, then failure to furnish the same will be treated more severely and will be punishable with imprisonment for a term which may extend to six month, or with fine which may extend to ten thousand rupees, or with both;
As it can be seen clearly in the illustration provided, A has been ordered by a district court to produce a document, which he fails to do. A is, hence, punishable under the provisions of section 210. Since A has disobeyed the order of a court, he will be punishable with the maximum sentence under the provisions of this section, i.e., six months.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
This section deals with: Failure to produce documents or records as instructed in order by public servant
Description of offence:
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 210 of BNS replaces IPC Section 175. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
---|---|---|---|
210 | Omission to produce document or electronic record to public servant by person, legally bound to produce it. | 175 | The upper limit of the fine has been increased from five hundred to five thousand rupees and from one thousand to ten thousand rupees. “Or if” is replaced by “where” 'Court of Justice' is replaced by 'Court'. |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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