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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.

Definition of BNS Section 210

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.

Explanation and Illustration of BNS Section 210

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.

Key Points in BNS Section 210

This section deals with: Failure to produce documents or records as instructed in order by public servant

Description of offence:

  • Any person who omits to produce any document or record as instructed in an official order issued by a public servant in the performance of his or her duty shall be considered an offender under the provisions of this section.

  • Punishment for offence:
  • Any person found guilty of not presenting documents or records as demanded by an order issued by a public servant shall be punished with imprisonment of one month and a fine of five thousand.
  • When the order demands that the person physically deliver such documents or records and the recipient fails to comply, they shall be punished with imprisonment of six months and a fine of ten thousand.

  • Exceptions to offence:
  • The offender has been coerced into committing the offence
  • The person is a minor or not of sane mind
    1. Differences Between Section 210 of BNS and its Equivalent IPC Section

      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/SubsectionsSubjectIPC SectionsSummary of Comparison
      210Omission to produce document or electronic record to public servant by person, legally bound to produce it.175The 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'.

      Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

      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:

      • Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
      • Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
      • Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
      • Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

      FAQs about Section of the Bharatiya Nyaya Sanhita (BNS)

      Intentionally omitting or avoiding an order issued by a public servant is an offence under the BNS.
      It depends on the reason behind why it was not received. If the summons was lost in transit and was genuinely not received by the recipient, then it is not an offence. However, if it was not received due to either gross negligence or by deliberately absconding to avoid receiving the order, then it is punishable under the BNS.
      Yes. While it is highly unlikely, it is possible for a court summons to be cancelled. However, it can be cancelled only by the court from which it was issued. Any attempt to have it cancelled by absconding is a punishable offence under section 209 of the BNS.
      Yes. Any order or action performed by any government servant can be challenged as is it is done through the prescribed channels and redressal forums. Avoiding or refusing to acknowledge an order is an offence and punishable with imprisonment.
      No. Not usually. If the judge has specifically asked for physical verification of original documents, then the person must do so. However, in several scenarios courts are open to accepting photocopies and even electronic records of documents as in certain cases it may need to retain a copy of the document for its records.
       Section 210 of BNS

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