Section 174 in Indian Penal Codes

Title: Nonattendance in obedience to an order from public servant

Description: Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hun­dred rupees, or with both, or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprison­ment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Illustrations (a) A, being legally bound to appear before the 1[High Court] at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence de­fined in this section. (b) A, being legally bound to appear before a 176 [District Judge], as a witness, in obedience to a summons issued by that 2[District Judge] intentionally omits to appear. A has committed the offence defined in this section.

Title: Nonappearance in response to a proclamation under section 82 of Act 2 of 1974

Description: Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub‑section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub‑section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.]

Title: Omission to produce document to public servant by person legally bound to produce it

Description: Whoever, being legally bound to produce or deliver up any 1[document or electronic record] of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hun­dred rupees, or with both, or, if the 1[document or electronic record] is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one 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.

Title: Omission to give notice or information to public servant by person legally bound to give it

Description: 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, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; or, if 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 one thousand rupees, or with both; 179 [or, if the notice or information required to be given is re­quired by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898) 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.

Title: Furnishing false information

Description: Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; or, if the information which he is legally bound to give 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 imprisonment of either descrip­tion for a term which may extend to two years, or with fine, or with both. Illustrations (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in conse­quence of the bite of a snake. A is guilty of the offence defined in this section. (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound under clause, 5, section VII, 1[Regulation III, 1821], of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the later part of this section. 2[Explanation.—In section 176 and in this section the word “offence” includes any act committed at any place out of 3[India], which, if committed in 3[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word “offender” includes any person who is alleged to have been guilty of any such act.

CHAPTER 10 OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS