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Provisions in the Penal Code intended to enforce Obedience to the Lawful Authority of Public Servant

January 7, 2019 0 Comment

1. Absconding to avoid service of summons, notice or order pro­ceeding from any public servant One month’s simple imprisonment or with fine extending to Rs. 500 or both (S. 172).

2. If the summons or notice or order is to attend in person or to produce a document in a court simple imprisonment for six months, or with fine extending to Rs. 1,000, or both. (S. 172).

3. Preventing service of summons or other proceeding or remov­ing the same from any place or preventing the proclamation one month’s simple imprisonment or with fine up to Rs. 500 or with both, or if the summon, notice, order or proclamation is to attend or produce a document in a court six month’s simple imprisonment with fine up to Rs. 1,000, or with both. (S. 173).

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4. Non-attendance in obedience to a summons, notice, order, etc., or departing before it is lawful to do so one month’s simple imprisonment and fine. A conviction under this provision is only pos­sible when the person was legally bound to attend, but refused or intentionally omitted to attend. (S. 174).

5. Intentional omission (a) to produce or deliver a document to a public servant by a person legally bound to do so, (b) to give or furnish any notice or information to a public servant and (c) to assist a public servant when bound by law to give assistance one month’s simple imprisonment and/or fine, and where the document is to be produced or delivered to a court, or where assistance is demanded for executing any process issued by a court—six months simple imprison­ment and/or fine. (Ss. 175—176).

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