Article on contempt of the lawful authority of Public servants
Find the Best Advocates in Chennai High Court for Corporate, Civil Cases and Criminal Cases 24x7: Contempt of the lawful authority of Public servants. The public should realize that the public servants are there for their
protection. They should always try to co-operate with public servants.
On the other hand the public servants should not do illegal things
affecting the rights of the public.
Introduction:
The Chapter X (Sec.172-190) of IPC talks about the offences relating to contempt of lawful authority and deals with consequences of disobedience of public servants.
Public servants in India ensure the smooth functioning of all aspects of government. Contempt of acts done in their lawful authority leads to disorder in the process.
Section 172 :- Absconding to avoid service of summons or other proceeding.
Whoever absconds in order to avoid being served with a summons, notice or order are punishable.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Simple imprisonment for 1 month/6 months, or fine of Rs.Rs.500/1000, or both.
Section 173 :- Preventing service of summons or other proceeding, or preventing publication thereof.
Removing the fixing summons
Preventing the affixing of lawful summons.
Preventing the lawful making of any proclamation
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Simple imprisonment for 1 month/6 months, or fine of Rs.500/1000, or both.
Section 174 :- Non-attendance in obedience to an order from public servant.
Whoever, being legally bound to attend in person in obedience to a summon, intentionally omits to attend is punishable.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Simple imprisonment for 1 month/6 months, or fine of Rs.1000/-/Rs.500, or both.
Section 174A :- Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.
Section 175 :- Omission to produce document to public servant by person legally bound to produce it.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by the court where the offence is committed.
Punishment:- Simple imprisonment for 1 month/6 months, or fine of Rs.500/1000, or both.
Section 176 :- Omission to give notice or information to public servant by person legally bound to give it.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Simple imprisonment for 1 month/6 months, or fine of Rs.500/1000, or both.
Section 177:- Furnishing false information.
Whoever, being legally bound to furnish information on any subject to any public servant furnishes false is liable for punishment.
Illustration: A, a land lord, knowing of the commission of a murder within the limits of his estate, willfully 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.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Imprisonment for 6 months/2 years or fine of Rs.1000/fine , or both.
Section 178 :- Refusing oath or affirmation when duly required by public servant to make it.
Section 179 :- Refusing to answer public servant authorized to question.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by the court where the offence is committed.
Punishment:- Simple imprisonment for 6 months, or fine of Rs.1000, or both.
Section 180 :- Refusing to sign statement.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by the court where the offence is committed.
Punishment:- Simple imprisonment for 3 months, or fine of Rs.500, or both.
Section 181 :- False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by Magistrate of the first class.
Punishment:- Imprisonment for 3 years and fine.
Section 182 :- False information, with intent to cause public servant to use his lawful power to the injury of another person.
Section 183 :- Resistance to the taking of property by the lawful authority of a public servant.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by the court where the offence is committed.
Punishment:- Imprisonment for 6 months, or fine of Rs.1000, or both.
Section 184:- Obstructing sale of property offered for sale by authority of public servant.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Imprisonment for 1 month, or fine of Rs.500/-, or both.
Section 185 :- Illegal purchase or bid for property offered for sale by authority of public servant.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Imprisonment for 1 month, or fine of Rs.200/-, or both.
Section 186 :- Obstructing public servant in discharge of public functions.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Imprisonment for 3 months, or fine of Rs.500/-, or both.
Section 187 :- Omission to assist public servant when bound by law to give assistance.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Simple imprisonment for 1 month/6 months, or fine of Rs.200/500, or both.
Section 188 :- Disobedience to order duly promulgated by public servant.
Whoever, knowingly disobeys the order promulgated by a public servant is punishable.
Cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
Punishment:- Simple imprisonment for 1 month/6 months, or fine of Rs.200/1000, or both.
Section 189 :- Threat of injury to public servant.
Section 189 of IPC provides protection to the public servants against any threat from the public. The threat of injury can be for two reasons, it can be used to induce the public servant to do unlawful act or restrict from doing his duties.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
.Punishment:- Imprisonment for 2 years and fine or both.
Section 190 :- Threat of injury to induce person to refrain from applying for protection to public servant.
Section 190 gives protection to the public and it enables them to get help from public servants.
Non-cognizable, Bailable & Non-compoundable offence.
Triable by any Magistrate.
.Punishment:- Imprisonment for 1 year, or fine or both.
Remedies for victims:
The right to attend criminal proceedings.
The right to apply for compensation.
The right to restitution from offender.
The right to a speedy trial.
Remedies for false charges:
There are so many false charges are framed to take revenge on a public servant.
And also public servants lodges false complaints against the public who are enemies to them.
Anticipatory Bail.
Quashing of FIR.
Remedies for illegal arrest.
- Writ of "Habeas Corpus"
- Compensation
- Damages.
Advocate role in remedies:-
Advocates plays important role by filing affidavits and petitions in the respective courts and forums to get the remedies.
Previous cases:
Section 188 -
In the case of Ratinam Municipality V. Vardichand - (1980) AIR 1612 (SC), the municipal council was held liable as its officers had not followed the order passed by the Magistrate under sec.133 of cr.p.c. which asked them to close pits and repair drain.
In the case of Bharat Raut V. State - 1953 AIR 376 (Pat), mere disobedience cannot establish guilt under this section and other consequences as provided under the section must be subsequent to such disobedience
.
The Supreme Court said that the Maharastra Police can initiate criminal action under
Section 188 of IPC for sale, stocking and transportation of Gutka as the disobedience to the order affects life and health.
Proposals for Reform:
There is a need for amendments in various aspects of this chapter so that it would be useful for pubic servants to perform their duties.
The punishments must be added on in various sections and the fine amount can be increased.
Conclusion:-
The public should realize that the public servants are there for their protection. They should always try to co-operate with public servants. On the other hand the public servants should not do illegal things affecting the rights of the public.
Find the Best Advocates in Chennai High Court for Corporate, Civil Cases and Criminal Cases 24x7: Contempt of the lawful authority of Public servants
