Refusing required. the information which he is legally bound to give respects the commission of an offence 1, or is required for the purpose of preventing the commission of an offence 1, 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 2. 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, 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 4 is guilty of the offence defined in this section *. 178. Whoever refuses to bind himself by an oath 5 or oath duly affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment 1 Sec. 40, cl. 3. 2 This section applies to false statements in the declarations mentioned in the Income-tax Act II of 1886, sec. 18 (2). 3 Repealed by Act XVII of 1862. Z gives A four annas with which to buy a stamp for him, and when the stamp-vendor asks A his name, A gives the name of Z. Here A is guilty of the offence defined in this section, 3 Bom. H. C., Cr. Ca. 43. So where A, an officer in the Salt Revenue Department, makes a false entry in his diary, which he keeps and sends to his official superior, 4 Mad. 144. 5 Sec. 51. See Act X of 1873, sec. 15. Whether in a judicial or any other proceeding. A public servant seems legally competent to require' that a person shall bind himself by oath or affirmation, when the public servant, being authorised to administer oaths and affirmation, has to deal with s person by whom an oath or affirmation must then be made. Public servants authorised to administer oaths are judges and persons having by law or consent of parties authority to receive evidence (Act X of 1873, sec. 4); commanding officers of military stations occupied by the Queen's troops (ibid.); collectors in resumption-proceedings (Ben. Reg. II of 1819, secs. 9, 19); conciliators (Act XVII of 1879, sec. 42); detaining-officers (Act VII of 1880, sec. II (d)); managers of encumbered estates, Oudh (Act XXIV of 1870, sec. 15); registering officers (Act III of 1877. sec. 63); salt-officers (Bom. Act VII of 1873, sec. 60); Secretaries of Government savings-banks (Act V of 1873, sec. 7); settlement-officers (Ben. Reg. VII of 1822, sec. 19); village-Munsifs (Mad. Reg. IV of 1816, secs. 12, 15); village-panchayats (Mad. Reg. V of 1816, sec. 4 (II).) Persons for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both 1. to answer 179. Whoever, being legally bound to state the truth on Refusing any subject to any public servant, refuses to answer any ques- public tion demanded of him touching that subject by such public servant. servant, in the exercise of the legal powers of such public servant, 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. ment. 180. Whoever refuses to sign any statement made by him, Refusing to when required to sign that statement by a public servant sign statelegally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both 2. ment on vant. 181. Whoever, being legally bound by an oath3 or affirma- False statetion to state the truth on any subject to any public servant oath to or other person authorised by law to administer such oath, public sermakes to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine 4. 182. Whoever gives to any public servant any information 5 False infor bound to make oaths or affirmations are-jurors; witnesses; interpreters of questions put to, and evidence given by, witnesses (Act X of 1873, sec. 5); karnams (Mad. Reg. XXIX of 1802, sec. 17); serving-officers (Act XIV of 1882, sec. 82); parties to marriage (Act XV of 1872, secs. 42, 66). As to the procedure where this offence is committed in the view or presence of a Court or Registration officer, see Cr. P. C. ss. 480, 483. 'An accused person who refuses to sign a confession (Cr. P. C. sec. 164) or a statement made at his trial in answer to questions put by the Court (Cr. P. C. sec. 364) commits no offence under this section, 4 Bom. 15. See note 6, p. 158. 4 A conviction under this section is good, though the offence falls within sec. 193; see 4 Mad. H. C. Rulings, xviii. But a sentence under sec. 181 which awards a fine, but no imprisonment, is illegal, ibid. The offence under sec. 181 is apparently included in the latter clause of sec. 193. As to the procedure when this offence is committed in the view or presence of a Court or Registrationofficer, see Cr. P. C. secs. 480, 483. 5 Mere expression of a private person's belief that certain zamíndárs had usurped possession of a market belonging to the State, is not 'information,' 4 All. 498. Nor are statements made by a prisoner to a magistrate, for the purpose of his defence, 2 N. W. P. 128. mation, to cause public servant to injure. with intent which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant to use the lawful power1 of such public servant to the injury 2 or annoyance of any person, or to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, shall be punished 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 both3. Resistance to taking of property by lawful authority. Obstructing sale of Illustrations. (a) A informs a Magistrate that Z, a Police officer subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section. 183. Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished 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 *. 184. Whoever intentionally obstructs any sale of property 1 These words refer to some power to be exercised by the public servant misinformed, which shall tend to some direct and immediate prejudice of the person against whom the information is levelled. Sec. 182 does not apply to a case where the public servant is only competent to pass, and passes, on the information, 4 Mad. 241. 2 Sec. 44. 38 Suth. Cr. 67; 7 Bom. 185. Offences under this section are included under sec. 211. The Allahabad High Court holds that the application of sect. 182, and the institution of prosecutions for offences under it, are limited to the public servant against whom the offence has been committed, or to his official superior, and that it was not intended that these provisions should be en forced at the instance of private persons, 5 All. 39; 3 N. W. P. 194. But the Calcutta High Court has held, in a series of cases (9 Suth. Cr. 31; 11 ib. 22; 19 ib. 33, col. 2; 4 Cal. 869; 5 Cal. 184) that the person injured by the false information may prosecute if he has obtained the necessary sanction; and this view is supported by the Cr. P. C. sec. 195. As to the right of private defence of property, see secs. 97, 99. 5 Notices given at public sales, by persons having, or claiming in good faith to have, an interest in the property, would not be deemed obstructions: otherwise, if they were clearly not bona fide and merely for the purpose of injuring the sale, M. & M. 152. offered for offered for sale by the lawful authority of any public servant property as such, shall be punished with imprisonment of either descrip- sale by tion for a term which may extend to one month, or with fine public which may extend to five hundred rupees, or with both. servant. chase of property offered for sale by 185. Whoever, at any sale of property held by the lawful Illegal purauthority of a public servant as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to public purchase that property at that sale, or bids for such property servant. not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both1. servant. 186. Whoever voluntarily 2 obstructs any public servant 3 in Obstructthe discharge of his public functions shall be punished with ing public imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both 5. to assist 187. Whoever, being bound by law to render or furnish Omission assistance to any public servant in the execution of his public public serduty, intentionally omits to give such assistance, shall be vant. punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two 1 It has been held that A committed an offence under this section when he bid for the lease of a ferry sold at public auction by the magistrate, and the lease was knocked down to him, and he then omitted to complete the sale, in the hope that the lease would be resold and that he would then obtain it at a lower price, 3 Suth. Cr. 33. It may be assumed, though it does not appear in the report, that, at the time of bidding, A did Hot intend to perform his obliga tions. 1 Sec. 39. Sec. 21, e. g. a process-server, 2 Ben. F. B. R. 22. Refusal of A to accompany a measuring clerk employed in the Revenue Survey Department to A's house, and permit it to be measured, VOL, I. is not an offence under this section, M 5 As to threatening a public servant, see sec. 189; insulting or interrupting him in a judicial proceeding, sec. 228; assaulting or causing hurt to him in the discharge of his duty, secs. 152, 332, 333, 353. Disobedi ence to hundred rupees, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence 1, or of suppressing a riot or affray, or of apprehending a person charged with or guilty of an offence1, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. 188. Whoever, knowing that by an order promulgated order duly by a public servant 3 lawfully empowered to promulgate promul- such order, he is directed to abstain from a certain act, or gated by public to take certain order with certain property in his possession servant. or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health, or safety, or causes or tends to cause a riot or affray 2, shall be punished 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. It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce harm. Illustration. An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the 1 Sec. 40, cl. 2. 2 Sec. 159. 3 This applies to orders made by public functionaries for public purposes (as, for instance, under the Cr. P. C. sec. 144), not to orders such as injunctions, made in civil suits between party and party, 6 Cal. 445 4 3 Ben. Appendix 150: 4 Mad. H. C. Rulings, vi. |