Echoes of Command
In our daily lives, we often come across situations where government officers, police officials, or other public servants issue orders, notices or directions that we are expected to follow. These instructions are not just casual requests but carry legal weight as they are meant to maintain law and order, ensure justice and protect society. The Bharatiya Nyaya Sanhita, 2023 (BNS) clearly lays down the provisions about what happens if someone disobeys or shows disrespect to such lawful authority. Such provisions make sure that no one can simply ignore a summons, refuse to cooperate or obstruct an officer in the discharge of their duty. In this way, the law ensures respect for the system and smooth functioning of public administration.
What happens if a person absconds to avoid being served with a summons, notice or order issued by a legally competent public servant?
Such a person:
(a)
can be punished with simple imprisonment for up to one month, or with fine up to five thousand rupees, or with both;
(b)
if the summons, notice or order requires personal attendance, appearance by agent or production of a document or electronic record in a Court, the punishment may extend to simple imprisonment for six months or fine up to ten thousand rupees or with both.
What is the punishment if a person intentionally prevents service of summons, notice, order or proclamation issued by a legally competent public servant?
Such a person:
(a)
may be punished with simple imprisonment up to one month or fine up to five thousand rupees or with both;
(b)
where the summons, notice, order or proclamation requires attendance in Court, appearance by agent, or production of documents or electronic records, the punishment may extend to simple imprisonment for six months, or fine up to ten thousand rupees, or both.
What happens if a person legally bound to attend in obedience to a summons, notice, order or proclamation intentionally omits to attend or leaves before permitted time?
Such a person:
(a)
may be punished with simple imprisonment up to one month or fine up to five thousand rupees or with both;
(b)
if the order is to attend in Court personally or by agent, the punishment may extend to simple imprisonment for six months or fine up to ten thousand rupees or both.
Illustration
A, being legally bound to appear before a High Court in obedience to a subpoena, intentionally omits to appear. A has committed the offence.
What is the punishment if a person fails to appear as required by a proclamation under law?
Such a person may be punished with imprisonment up to three years, or with fine, or with both, or with community service. If declared a proclaimed offender, punishment may extend to imprisonment up to seven years along with fine.
What is the punishment if a person legally bound to produce or deliver up a document or electronic record to a public servant intentionally omits to do so?
Such a person:
(a)
may be punished with simple imprisonment up to one month, or fine up to five thousand rupees, or both;
(b)
if the document or electronic record is required in Court, punishment may extend to simple imprisonment up to six months, or fine up to ten thousand rupees, or both.
Illustration
A, legally bound to produce a document before a District Court, intentionally omits to do so. A has committed the offence.
What happens if a person legally bound to give notice or information intentionally omits to do so?
Such a person:
(a)
may be punished with simple imprisonment up to one month, or fine up to five thousand rupees, or both;
(b)
if the notice or information concerns commission or prevention of an offence, or apprehension of an offender, punishment may extend to simple imprisonment up to six months, or fine up to ten thousand rupees, or both;
(c)
if notice or information is required under an order of law, punishment may extend to imprisonment up to six months, or fine up to one thousand rupees, or both.
What is the punishment if a person legally bound to furnish information gives false information?
Such a person:
(a)
may be punished with simple imprisonment up to six months, or fine up to five thousand rupees, or both;
(b)
if the information concerns commission or prevention of an offence or apprehension of an offender, punishment may extend to imprisonment up to two years, or fine, or both.
Illustration
A, a landholder, knowing a murder has been committed, misinforms the Magistrate that it was due to snakebite. A is guilty.
What is the punishment if a person refuses to take an oath or affirmation when required by a legally competent public servant?
Punishable with simple imprisonment up to six months, or fine up to five thousand rupees, or both.
What is the punishment if a person refuses to answer a lawful question from a competent public servant when legally bound to state the truth?
Punishable with simple imprisonment up to six months, or fine up to five thousand rupees, or both.
What happens if a person refuses to sign a statement when legally required to do so by a competent public servant?
Punishable with simple imprisonment up to three months, or fine up to three thousand rupees, or both.
What is the punishment if a person makes a false statement on oath or affirmation to a public servant or person legally authorised to administer it?
Punishable with imprisonment up to three years and also with fine.
What is the punishment if a person gives false information intending to cause a public servant to misuse lawful power to the injury or annoyance of another?
Punishable with imprisonment up to one year, or fine up to ten thousand rupees, or both.
Illustration
A falsely informs a Magistrate that Z, a police officer, is guilty of misconduct, leading to likely dismissal. A is guilty.
What is the punishment if a person resists the taking of property by lawful authority of a public servant?
Punishable with imprisonment up to six months, or fine up to ten thousand rupees, or both.
What happens if someone intentionally obstructs a sale of property lawfully offered by a public servant?
Punishable with imprisonment up to one month, or fine up to five thousand rupees, or both.
What is the punishment if someone illegally purchases or bids at a public sale despite legal incapacity or without intent to fulfill obligations?
Punishable with imprisonment up to one month, or fine up to two hundred rupees, or both.
What is the punishment for obstructing a public servant in the discharge of public functions?
Punishable with imprisonment up to three months, or fine up to two thousand five hundred rupees, or both.
What happens if a person bound by law to assist a public servant omits to do so?
Such a person:
(a)
may be punished with simple imprisonment up to one month, or fine up to two thousand five hundred rupees, or both;
(b)
if assistance is demanded for executing a court process, preventing an offence, suppressing a riot, or apprehending an offender, punishment may extend to simple imprisonment up to six months, or fine up to five thousand rupees, or both.
What is the punishment if a person knowingly disobeys an order lawfully promulgated by a public servant?
(a)
If disobedience causes or tends to cause obstruction, annoyance or injury, punishment may extend to simple imprisonment up to six months, or fine up to two thousand five hundred rupees, or both.
(b)
If it causes or tends to cause danger to human life, health or safety, or a riot or affray, punishment may extend to imprisonment up to one year, or fine up to five thousand rupees, or both.
Illustration
A public servant orders that a religious procession shall not pass down a street. A knowingly disobeys, causing danger of riot. A has committed the offence.
What is the punishment if a person threatens injury to a public servant or someone related to him to influence his official actions?
Punishable with imprisonment up to two years, or with fine, or both.
What happens if a person threatens injury to prevent another from seeking protection from a public servant?
Punishable with imprisonment up to one year, or fine, or both.
What is the punishment if someone attempts suicide to compel or restrain a public servant from discharging official duty?
Punishable with simple imprisonment up to one year, or with fine, or with both, or with community service.
Therefore, the provisions on contempt of the lawful authority of public servants are not meant to harass ordinary citizens but to uphold discipline and respect for the law. If people start disobeying lawful directions or hindering public servants, it would become impossible for the government machinery to function and for justice to reach the people. By following these provisions under the BNS, we as citizens contribute to a safer and more orderly society. Simply put, respecting lawful authority is not just a legal duty, it is also a social responsibility.
Muneeb Rashid Malik is an Advocate. He tweets @muneebmalikrash.
