BNS Section 211: Omission To Give Notice Or Information To Public Servant By Person Legally Bound To Give It

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:

An officer of the income tax department passing an order asking someone to provide information regarding their annual assessment.

A person out on bail requiring to notify their jurisdictional police station while travelling outside the district

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

prosecuting an offence

preventing an offence

apprehending an offender

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:

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.