BNS Section 211: Omission To Give Notice Or Information To Public Servant By Person Legally Bound To Give It
Section 211 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 211 specifically deals with failure to furnish information as per government order. Let us take a closer look at its provisions.
Definition of BNS Section 211
Section 211 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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.
Explanation and Illustration of BNS Section 211
This section deals with the offence of failure of a person to provide information or notification he or she is legally obliged to provide.
A person may be legally obliged to provide information or notification under a variety of circumstances. But some simple examples are:
In such cases, a person becomes legally obligated to give notice or furnish information as per the order and if such person intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, then he or she is punishable as an offender under the provisions of section 211 of the BNS.
The punishment prescribed by the BNS has been classified into three tiers based on severity of such omission.
While clause (b) and (c) deal with specific situations where the consequences of the omission are considered grave, (a) deals with all other kinds of omission in providing legally obligated information or notice. Let us first look at the specific situations.
(b) specifically talks about omission of information relating to a crime. When a person is ordered to furnish certain information to a specified public servant, including a judge, and such information is for the purpose of
and such a person intentionally omits to provide such information or notice to the specified authorities, then such person shall be 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;
(c) specifically talks about intentional omission of information required to be given is required by an order passed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Bharatiya Nagarik Suraksha Sanhita or BNSS is the replacement for the Indian Civil Code, just as the Bharatiya Nyaya Sanhita or BNS is a replacement for the Indian Penal Code. Section 394 of the BNSS deals with repeat offenders. It states that any person who has been convicted for a crime that is punishable with imprisonment of three years or more under the BNS more than once, such a person shall be considered a repeat offender. It provides when a court convicts such a person for any crime, it may also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence. In other words, a repeat offender must make available an address at which he or she will be available for a period of five years after their release and any change of address or absence from the address must be notified to the concerned authorities prior to such change or absence.
In this regard, Section 211 of the BNS provides that when such a person intentionally omits to notify the authorities regarding a change in address or absence therefrom as required by a court order passed under the provisions of section 394 of the BNSS, he or she will be punishable 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.
(a) deals with all other kinds of notices or order and omission of information or notice specified therein. The punishment for this shall be imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
Further, there is also an explanation in section 212 that clarifies that this section does not limit itself to only offences committed in India. It clarifies that the word “offence” includes any act committed at any place out of India. In other words, intentionally omitting information to a government official regarding certain types of crimes committed outside India will also amount to an offence under this section. The sections are:
| Section | Offence |
|---|---|
| 103 | Punishment for murder. |
| 105 | Punishment for culpable homicide not amounting to murder. |
| 307 | Theft after preparation made for |
| 309 | Robbery. |
| 310 (2), (3), (4), (5) | Dacoity. |
| 311 | Robbery, or dacoity, with attempt to cause death or grievous hurt. |
| 312 | Attempt to commit robbery or dacoity when armed with deadly weapon. |
| 326 (f), (g) | Mischief by injury, inundation, fire or explosive substance, etc. |
| 331 (4), (6), (7), (8) | Punishment for house-trespass or house-breaking. |
| 332 (a), (b) | House-trespass in order to commit offence. |
As it can be noted, these are all crimes that have been classified as “serious offences” under the Indian law. The explanation clarifies that if a person has information about any act that would be punishable under any of the above sections, if committed in India and intentionally omits in providing such information to a public officer, he or she shall be prosecuted to the full extent of the provisions of section 211.
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 211
This section deals with: Omission in submitting information demanded by a government order
Description of offence:
Punishment for offence:
Differences Between Section 211 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 211 of BNS replaces IPC Section 176. 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 |
|---|---|---|---|
| 211 | Omission to give notice or information to public servant by person legally bound to give it. | 176 | Upper limit of fine are increased from five hundred to five thousand rupees and one thousand to ten thousand rupees. |
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FAQs about Section 211 of the Bharatiya Nyaya Sanhita (BNS)
What is the difference between BNS and BNSS?
BNS stands for the Bharata Nyaya Sanhita. It is the code of criminal conduct. It has replaced the previous code of criminal conduct, called the Indian Penal Code or the IPC. BNSS stands for the Bharata Nagarik Suraksha Sanhita. It is the code of civil conduct. It has replaced the previous civil code known as the Indian Civil Code.
Who is considered a repeat offender under the law?
Section 394 of the BNSS states that any person who has been sentenced to prison for a period exceeding three years more than once shall be considered a repeat offender.
What if I fail to give information about a crime?
Any person who fails or refuses to provide information demanded by a government order and such information is regarding a crime, he or she shall be punished with imprisonment of six months and a fine of ten thousand rupees under the provisions of section 211.
What happens if a court notice is not received by me?
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.
Can a court summons be cancelled?
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.
Can an order of the high court be challenged?
Yes. Any order or action performed by any government servant can be challenged as long as it is done through the channels and redressal forums as prescribed by the law.
