Refusing to answer a public ser

vant authorized to

179. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public 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.

question.

Commentary.

A Judge may, under s. 165 of the Evidence Act, ask a witness a question on an irrelevant fact in order to aid in discovering a relevant fact. But a witness may refuse to answer an irrelevant question, whose only object is to make him inculpate himself. (Reg. v. Hari Lakshman, 10 Bom., 185.)

As to the powers of Police officers to require persons, having knowledge bearing upon a crime, to answer questions with a view to preliminary investigation, see Cr. P. C., ss. 160, 161.

statement.

180. Whoever refuses to sign any statement made by him, when required to sign that statement Refusing to sign by a public servant legally 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.

Commentary.

A person making a deposition in a Revenue inquiry is not bound to sign such deposition, and cannot be punished under this section for refusing to do so. (Mad. H. C. Rul., 18th January, 1870; 6 Mad. H. C., App. xiv.) Nor are statements made to a Police officer in the course of an investigation under Chapter XIV. of the Crim. P. C. other than dying declarations, to be signed by the person making them. (Crim. P. C., s. 162.)

Nor can an accused person who refuses to at his trial in answer to questions put to punished under this section for such refusal. 4 Bom., 15.)

sign a statement made him by the Judge, be (Empress v. Sirsappa,

A refusal to sign a deposition before the Coroner is an offence under this section. See Act IV. of 1871, s. 20 (Coroners).

181. Whoever, being legally bound by an oath or affirmation (Act X. of 1873, s. 15: Oaths) to state the truth on any subject to any public servant or other person authorized by law to administer such oath. makes to such public servant or person as aforesaid,

False statement on oath to public servant or person authorized to administer oath,

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.

For commentary on this section, see Part II., § 353.

182. Whoever gives to any public servant any inforFalse informa- mation which he knows or believes to be tion, with intent false, intending thereby to cause or knowto cause public servant to use his ing it to be likely that he will thereby cause, such public servant

lawful power to the injury of another person.

(a) 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, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

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.

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.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that, in consequence of this information, the police will make inquiries and institute searches in the village to the annoyance of the villagers, or some of them. A has committed an offence under this section. (Act III. of 1895, s. 1.)

For commentary on s. 182, see Part II., §§ 371-374, 381.

Where the information given is a charge of a criminal nature, no proceedings should be taken under s. 182 until the criminal charge is disposed of. (Empress v. Jamni, 5 All., 387.)

to

Resistance the taking of property by the lawful authority of a public servant.

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.

Obstructing sale

Commentary.

As to the cases in which resistance may lawfully be made to the acts of public servants in taking property, see Part II., §§ 219–226. 184. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant as such shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

of property offered

for sale by au

thority of a public

servant.

185. Whoever, at any sale of property held by the lawful authority of a public servant as such,

Illegal purchase

offered for sale by authority of a public servant.

or bid for property 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 purchase that property at that sale, or bids for such property 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 both.

Commentary.

Where property is sold for arrears of rent, it was formerly not competent for the defaulters or their sureties to purchase it. (Mad. Reg. XXVIII. of 1802, s. 27 (Distress.) Nor could property distrained for arrears be purchased by the distrainers or appraisers. (Ibid., s. 26.) But no corresponding provisions are contained in the Madras Rent Act VIII. of 1865, which repeals Reg. XXVIII. of 1802.

Officers concerned in execution sales are not allowed to bid for or buy property at such sale. Nor can decree holders do so without express permission of the Court. (Civ. P. C., ss. 292, 294.)

A mock bidding for a lease of a ferry, set up to auction sale by a Magistrate, was held to come under this section. (Reg. v. Reazooddeen, 3 Suth. Cr., 33.)

186.

Obstructing public servant in dis

Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with 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.

charge of his pub

lic functions.

Commentary.

A person nominated by the Collector under s. 69 of the Bengal Tenancy Act, for the purpose of making a division of crops between the landlord and the tenant, is not a public servant within the meaning of this section. (Chatter Lal v. Thakur Pershad, 18 Cal., 518.) Nor a vendor appointed under s. 56 of the Land Registration Act. (Ebrahim Sircar v. Emperor, 29 Cal., 236.)

The conduct chargeable as an offence must be some definite act intended to have the effect assigned to it. It is not an offence to circulate reports which prevent persons bringing their children to the public vaccinator for vaccination, any more than it would be to persuade them not to do so. (Reg. v. Thimmachi, 15 Mad., 93.) A Judge in the progress of a civil suit appointed a Commissioner to make an inventory of the goods in a merchant's house, and to remove certain property to the Court. On the arrival of the Commissioner the merchant shut himself up in his house. He did not barricade his doors, but he refused to open them. A crowd of an orderly character collected outside the door, but was not brought there by any act of the merchant. The Commissioner went away, considering that it would be unsafe to use force. It was held that merely passive resistance of the accused was not an offence under s. 186. v. Somanna, 15 Mad. 221.)

(Reg.

Escape from lawful custody is not punishable under this section; the charge should be under s. 224. (Reg. v. Poshu, 2 Bom. H. C., 134.)

It would be incredible, if it were not true, that a Magistrate has actually been found to convict a person under this section, because, being the owner of a cart, he refused to give it on hire to a Government officer who applied for it. It ought to be unnecessary to add that the conviction was annulled. (Reg. v. Dhori, 9 Bom. H. C., 165.)

A public servant is not discharging his public functions when he is doing, or ordering, something which is wholly beyond his jurisdiction (Reg. v. Tulsiram, 13 Bom., 168; Lilla Singh v. Reg., 22 Cal., 286); or when he is doing something within the sphere of his duty in a manner not authorised by law. (Abdul Gafur v. Reg., 23 Cal., 896; Cf. Reg. v. Poomalai, 21 Mad., 296.) Part II., §§ 226, 227.

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187. Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or

Omission assist public servant when bound by law to give

assistance

with fine which may extend to two 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, or of suppressing a riot or affray, or of apprehending a person charged with or guilty of an offence, 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.

Commentary.

See as to the word "offence," § 40, ante p. 13.

As to the persons who are bound by law to assist public servants, see Part II., § 149.

The assistance which a private person is bound to render to a public servant in the execution of his duty must be something definite and specific. An order by the Magistrate in a case of theft directing a Zemindar "to get a clue of the case within 15 days and to give sufficient assistance to the Police" was held to be illegal. (Empress v. Bakshi, 3 All., 201.)

Disobedience to

an order duly pro

mulgated by a public servant.

188. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession 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 person 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, 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.