Section Overview
Section Number
IPC Section 175
Section Title
Omission to Produce Document or Electronic Record to Public Servant by Person Legally Bound to Produce It
Act
Indian Penal Code, 1860 (IPC)
Status
Active under IPC framework (conceptually continued under Bharatiya Nyaya Sanhita, 2023)
Applicability
IPC Section 175 applies when a person is legally bound to produce a document or electronic record before a public servant and intentionally fails or refuses to do so.
The provision applies in situations involving:
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Police investigations
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Court proceedings
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Administrative inquiries
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Government inspections
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Regulatory proceedings
Original Law Text
“Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished…”
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 175 ka simple matlab hai ki agar law ke hisab se aapko koi document ya electronic record kisi government authority ko dena zaroori hai aur aap jaanbujhkar use nahi dete, to aap offence kar rahe hain.
Simple words mein:
“Lawfully maange gaye documents ko jaanbujhkar na dena crime hai.”
Example:
Agar police investigation ke dauran aapse CCTV footage maangi jaati hai aur aap jaanbujhkar footage chhupa dete hain, to Section 175 lag sakti hai.
Legal Definition (Original Law Text)
“Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same…”
Practical Interpretation
Section 175 ka objective public authorities ko unke legal functions perform karne mein assist karna hai.
Courts, police officers aur government authorities kai baar:
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Documents
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Registers
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Financial records
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Property papers
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Digital records
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Emails
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Electronic data
ki demand karte hain.
Agar concerned person intentionally cooperate nahi karta, to investigation aur justice process obstruct ho sakta hai.
Isi situation ko address karne ke liye Section 175 banaya gaya hai.
Essential Ingredients of IPC Section 175
Legally Bound Person
Accused legally obligated hona chahiye document produce karne ke liye.
Document or Electronic Record
Physical ya digital record hona chahiye.
Lawful Demand
Demand competent public servant dwara ki gayi honi chahiye.
Intentional Omission
Failure deliberate hona chahiye.
Public Servant
Demand kisi legally authorized public servant ne ki ho.
Why IPC Section 175 Was Introduced?
Lawmakers ne is section ko introduce kiya taaki:
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Evidence concealment roka ja sake
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Investigations smooth chal sake
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Judicial proceedings efficient rahen
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Administrative transparency maintain ho
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Public cooperation ensure ho
Importance in Modern Digital Era
Aaj ke samay mein electronic records bahut important evidence hote hain.
Examples:
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Email communications
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WhatsApp records
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CCTV footage
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Computer logs
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Online transaction records
Isliye Section 175 ki relevance pehle se zyada badh gayi hai.
Punishment & Legal Classification
Punishment
General Cases
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Simple imprisonment up to 1 month, or
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Fine up to ₹500, or
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Both
If Document Is Required Before Court
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Simple imprisonment up to 6 months, or
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Fine up to ₹1,000, or
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Both
Bailable / Non-Bailable
Bailable
Cognizable / Non-Cognizable
Non-Cognizable
Compoundable
Generally Non-Compoundable
Triable By
Any Magistrate
IPC ↔ BNS Mapping
IPC Section
IPC Section 175
BNS Equivalent
The principle continues under Bharatiya Nyaya Sanhita provisions dealing with non-compliance with lawful directions and production of records.
Status
Conceptually Retained
The obligation to produce legally required documents remains part of the modern criminal justice framework.
Real-Life Examples
Example 1: CCTV Footage Not Produced
A shop owner is legally directed by police to provide CCTV footage related to a robbery.
He intentionally deletes or refuses to provide the footage.
IPC Section 175 may apply.
Example 2: Financial Records Concealed
Tax authorities demand accounting records from a business owner.
The owner deliberately withholds the records.
This may attract liability under Section 175.
Example 3: Refusal to Submit Digital Evidence
A company receives lawful notice requiring production of emails relevant to an investigation.
Management intentionally refuses to provide them.
Section 175 may be invoked.
Landmark Judgments
Case Name
M.P. Sharma v. Satish Chandra
Court
Supreme Court of India
Key Takeaway
The Court discussed production and seizure of documents during investigations and emphasized the significance of documentary evidence.
Case Name
State of Gujarat v. Shyamlal Mohanlal Choksi
Court
Supreme Court of India
Key Takeaway
The Court examined obligations relating to documentary evidence and lawful investigative powers.
Case Name
State of Uttar Pradesh v. Singhara Singh
Court
Supreme Court of India
Key Takeaway
Compliance with lawful procedural requirements is essential for administration of justice.
Legal Insights
When Is This Section Applied?
Section 175 is generally applied when:
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Documents are withheld from police
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Court-directed records are not produced
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Government inquiries are obstructed
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Digital evidence is concealed
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Administrative proceedings are delayed through non-cooperation
Common Misuse Scenarios
No Legal Duty Exists
Sometimes authorities demand records that the person is not legally required to produce.
mproper Demand
The public servant may lack legal authority.
Document Not Available
The accused may genuinely not possess the document.
Technical Failure
Electronic records may become inaccessible due to system failure.
Defenses Available
No Legal Obligation
The accused was not legally bound to produce the document.
Lack of Possession
The document was not in the accused's custody or control.
Improper Authority
The person demanding the record lacked legal authority.
Genuine Inability
Loss, destruction, or technical failure prevented production.
Absence of Intent
Failure occurred accidentally and not intentionally.