Contempts of the Lawful Authority of Public Servants | BNS 2023

INTRODUCTION

Contempts of the lawful authority of public servants refer to actions or behaviors that disrespect, disobey, or undermine the authority of officials who are empowered by law to maintain public order, enforce laws, and administer public services. This concept is crucial for maintaining the integrity and effectiveness of public administration and the rule of law.

Public servants, including police officers, judges, and government officials, play a vital role in society. They follow laws, administer justice, and deliver public services efficiently and fairly. When individuals or entities disregard or challenge the lawful authority of public servants, it can disrupt public order. This can also hinder the administration of justice and undermine public trust in governmental institutions. Such actions may be classified as contempts of the lawful authority of public servants, leading to legal consequences aimed at maintaining institutional integrity and governance.

Examples of Contempts of the Lawful Authority of Public Servants

1. Disobedience of Orders: Refusing to comply with lawful orders issued by a public servant, such as a police officer’s command to disperse during a public disturbance.
2. Obstruction of Duty: Interfering with a public servant’s performance of their official duties, such as obstructing a health inspector during an inspection.
3. Threats and Intimidation: Threatening or intimidating public servants to influence their actions or decisions, such as threatening a judge to secure a favorable verdict.
4. False Information: Providing false information to public servants to mislead or hinder their work, such as giving false evidence to law enforcement officers.

Consequences and Penalties for Contempts of the Lawful Authority of Public Servants

 

The consequences for contempts of the lawful authority of public servants vary by jurisdiction and offense severity. Penalties can include fines, community service, or imprisonment. Additional charges may apply if the act is also a crime, like assault or obstruction of justice.

Importance of Compliance to Avoid Contempts of the Lawful Authority of Public Servants

Respecting the lawful authority of public servants is essential for the smooth functioning of society. It ensures public servants can work effectively, uphold the law, and provide services for public safety and welfare. Public awareness and education on respecting authority foster compliance and encourage respect for the law.

Section 206: Absconding to avoid service of summons or other proceeding

This section penalizes individuals who deliberately evade the service of legal documents. These include summons, notices, or orders issued by a public servant. Avoiding these documents falls under Contempts of the Lawful Authority of Public Servants.

Here’s a simplified explanation with an illustration:

Absconding to Avoid Service: This section penalizes individuals who deliberately avoid being served with legal documents. These documents include summons, notices, or orders issued by a public servant.

1. General Penalty (Sub-section a):

   • Punishment: If someone is simply avoiding being served but it’s not related to a court appearance or document production, they can be punished with:
     • Simple Imprisonment: Up to 1 month
     • Fine: Up to 5,000 rupees
     • Or Both: Imprisonment and fine

2. Court Appearance or Document Production (Sub-section b):

   • Punishment: If the summons, notice, or order requires the person to attend court in person or by agent, or to produce a document or electronic record in court, and they avoid this:
     • Simple Imprisonment: Up to 6 months
     • Fine: Up to 10,000 rupees
     • Or Both: Imprisonment and fine

Illustration:

Scenario 1: A public servant issues a summons for Raj to appear in court, but Raj hides to evade being served.

Penalty: The court can punish Raj with up to 1 month of imprisonment, a fine of up to 5,000 rupees, or both.

Scenario 2: A public servant issues Simran a notice to appear in court and produce certain documents. Simran deliberately avoids service and fails to appear.

Penalty: The court can punish Simran with up to 6 months of imprisonment, a fine of up to 10,000 rupees, or both.

Section 207: Preventing service of summons or other proceeding, or preventing publication thereof.

This section of the law addresses penalties for intentionally obstructing the service or placement of legal documents. A public servant issues these documents. Preventing such actions may constitute Contempt of the Lawful Authority of Public Servants.

If someone deliberately:

1. Prevents the Service of Documents:

   • On Themselves or Others: Stops the delivery of summons, notices, or orders to themselves or others.
   • Example: If a person deliberately avoids receiving a court summons by hiding or refusing to accept it.

2. Prevents Affixing of Documents:

   • Affixing Notices: Prevents the lawful placement of any summons, notice, or order at its designated posting location.
   • Example: If someone removes or prevents the posting of a notice on a public board, they obstruct a lawful act.

3. Removes Documents:

   • Removing Notices: Removes any summons, notice, or order from its lawful posting location.
   • Example: If someone takes down a court notice that has been legally posted on a public wall.

4. Prevents Making of Proclamations:

   • Preventing Proclamations: Stops the lawful making of a public proclamation directed by a competent public servant.
   • Example: If someone obstructs or prevents the public announcement of a required proclamation.

Penalties:

(a) General Cases:

• Punishment: For general cases of preventing service, affixing, or removing documents:
  • Simple Imprisonment: Up to 1 month
  • Fine: Up to 5,000 rupees
  • Or Both: Imprisonment and fine

• Punishment: If the obstruction involves documents related to court appearances or producing documents in court:
  • Simple Imprisonment: Up to 6 months
  • Fine: Up to 10,000 rupees
  • Or Both: Imprisonment and fine

Illustrations:

Scenario 1: Arun deliberately avoids the process server and prevents anyone from delivering the court summons to him.

Penalty: Arun can face up to 1 month of imprisonment, a fine of up to 5,000 rupees, or both.

Scenario 2: Maya removes the notice affixed to a public place to avoid being served and prevent attending the court hearing or producing documents.

Penalty: Maya can face up to 6 months of imprisonment, a fine of up to 10,000 rupees, or both.

Section 208: Nonattendance in obedience to an order from public servant.

This legal provision addresses the consequences for failing to comply with a legal summons, notice, order, or proclamation issued by a public servant who has the authority to issue such directives. Such acts may be deemed as Contempts of the Lawful Authority of Public Servants.

1. Legal Obligation to Attend:

   • You must comply if the law requires you to attend a specific place at a specific time, either in person or through an agent, due to a summons, notice, order, or proclamation from a public servant.

2. Penalties for Non-Compliance:

   • General Cases: If you intentionally fail to attend or leave before the allowed time, you could be punished with:
     • Simple imprisonment for up to one month, or
     • A fine up to five thousand rupees, or
     • Both imprisonment and a fine.
   • Court Cases: If the summons, notice, or order is related to attending a court, the penalties are more severe:
     • Simple imprisonment for up to six months, or
     • A fine up to ten thousand rupees, or
     • Both imprisonment and a fine.

Illustration:

• Example 1: Suppose you receive a legal summons to attend a government office for an inquiry at a specific time. If you intentionally choose not to attend or leave before the designated time, you might face up to one month in prison, a fine of up to five thousand rupees, or both.
• Example 2: If you fail to attend court after being summoned or leave before the allowed time, you may face up to six months in prison, a fine of up to ten thousand rupees, or both.

Section 210: Omission to produce document or electronic record to public servant by person legally bound to produce it.

This section of the law deals with the penalties for intentionally failing to produce or deliver a document or electronic record when legally required to do so. Failing to produce or deliver a document or electronic record when legally required may be classified as Contempts of the Lawful Authority of Public Servants, resulting in fines and imprisonment. Contempts of the Lawful Authority of Public Servants undermine the effective functioning of governance and judicial processes.

Here’s a simplified explanation with illustrations:

If someone is legally required to provide a document or electronic record to a public servant or court and intentionally refuses, they can be punished.

(a) General Cases:

• Punishment: If the failure to produce or deliver the document or electronic record is to a public servant (but not in a court context), the penalties are:
  • Simple Imprisonment: Up to 1 month
  • Fine: Up to 5,000 rupees
  • Or Both: Imprisonment and fine

Punishment: If the failure involves producing or delivering the document or electronic record to a court, the penalties are stricter:

• • Simple Imprisonment: Up to 6 months
  • Fine: Up to 10,000 rupees
  • Or Both: Imprisonment and fine

Illustrations:

Scenario 1: Nina must provide certain documents for an investigation as required by a police officer (a public servant). She deliberately refuses to hand over the documents when asked.

Penalty: The court can punish Nina with up to 1 month of imprisonment, a fine of up to 5,000 rupees, or both.

 

Section 212: Furnishing False Information and Contempts of the Lawful Authority of Public Servants

This section penalizes individuals who provide false information to a public servant when legally required to provide truthful information. Contempts of the Lawful Authority of Public Servants also include obstructing officials by providing misleading details that hinder their lawful duties. Here’s a simplified explanation with illustrations:

If someone must provide information to a public servant and knowingly gives false details, they can face penalties.

(a) General Cases:

• Punishment: For giving false information on any subject (not related to the commission or prevention of an offence), the penalties are:
  • Simple Imprisonment: Up to 6 months
  • Fine: Up to 5,000 rupees
  • Or Both: Imprisonment and fine

(b) Serious Cases:

• Punishment: For providing false information regarding the commission of an offence, preventing an offence, or assisting in the apprehension of an offender, the penalties are more severe:
  • Imprisonment of Either Description: Up to 2 years
  • Fine: May also be imposed
  • Or Both: Imprisonment and fine

Illustrations:

Scenario 1: A landholder, A, knows about a murder on his estate but falsely tells the Magistrate that a snake bite caused the death.

Penalty: A can be punished with up to 6 months of imprisonment, a fine of up to 5,000 rupees, or both, as the false information was about a serious crime.

 

Section 217 : False information, with intent to cause public servant to use his lawful power to injury of another person.

This provision criminalizes the act of deliberately providing false information to a public servant with the intention of causing them to misuse their authority, resulting in harm or inconvenience to others. The accompanying illustrations clarify how this law is applied in specific scenarios. Here’s a detailed explanation:

Provision Breakdown:

1. False Information to a Public Servant:

   • Whoever gives: This applies to any individual.
   • To any public servant: Refers to anyone in a position of authority or responsibility within the government or public sector.
   • Information which he knows or believes to be false: The individual knows or believes that the information being given is not true.

2. Intent or Likelihood of Consequence:

   • Intending thereby to cause: The person providing the false information does so with the purpose of influencing the public servant’s actions or decisions.
   • Or knowing it to be likely: Alternatively, the individual knows that their false information will probably lead to certain outcomes.

3. Outcomes:

   • (a) To cause the public servant to do or omit something: The false information is intended to make the public servant act or refrain from acting in a manner they wouldn’t if they knew the truth. For example, misleading a public servant into making a decision or taking action based on false information.
   • (b) To use the lawful power of such public servant to the injury or annoyance of any person: The false information is aimed at causing the public servant to misuse their authority, resulting in harm or inconvenience to another person.

4. Punishment:

   • Imprisonment: The offender can be sentenced to imprisonment of either description (simple or rigorous) for up to one year.
   • Fine: Alternatively, or in addition to imprisonment, a fine up to ten thousand rupees may be imposed.
   • Both: The offender may be subjected to both imprisonment and a fine.

Illustration

A informs a Magistrate that a police officer, Z, has been neglecting their duties, knowing that the information is false and that it will likely lead the Magistrate to dismiss Z.

Application: A’s act of providing false information with the intent to cause Z’s dismissal constitutes an offense under this provision. The false claim is meant to cause the public servant (Magistrate) to act improperly based on incorrect facts.

Section 218: Resistance to taking of property by lawful authority of a public servant

This provision is related to the offense of giving false information to a public servant with the intent of causing harm or annoyance. Here’s a breakdown:

1. False Information to a Public Servant:

   • Whoever gives: This refers to any person.
   • To any public servant: A public servant holds a position in a government or public authority and must perform duties impartially and lawfully.
   • Information which he knows or believes to be false: The person providing the information knows or believes that the information is not true.

2. Intent:

   • The person giving the false information must do so with the intention to cause, or knowing that it is likely to cause, one of the following outcomes:

(a) To cause the public servant to do or omit something:

The false information aims to influence the public servant to act or refrain from acting differently than they would with the truth. For example, misleading a police officer to make them take an action they wouldn’t otherwise take.

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

The false information misleads the public servant into misusing their authority, causing harm or annoyance to another person. For example, misleading a tax official to wrongly penalize someone.

3. Punishment:

   • Imprisonment: The punishment can be imprisonment of either description (simple or rigorous) for a term that may extend up to one year.
   • Fine: Alternatively, or additionally, a fine up to ten thousand rupees can be imposed.
   • Both: The offender can be subjected to both imprisonment and a fine.

 

226: Attempt to commit suicide to compel or restrain exercise of lawful power.

This provision addresses the offense of attempting suicide as a means to influence or obstruct a public servant in performing their duties. Here’s a detailed explanation:

1. Attempt to Commit Suicide:

   • Whoever attempts to commit suicide: This refers to any individual who tries to take their own life.

2. Intent to Compel or Restrain a Public Servant:

   • With the intent to compel or restrain: The individual attempting suicide does so with the specific purpose of forcing or hindering a public servant in their official duties.
   • Any public servant from discharging his official duty: The goal of the suicide attempt is to affect the performance of the public servant’s responsibilities. For example, someone might attempt suicide to distract or coerce a public official into not performing their duties or to gain some benefit or avoid consequences.

3. Punishment:

   • Simple Imprisonment: The court may sentence the individual to simple imprisonment for up to one year.
   • Fine: Alternatively, or in addition to imprisonment, a fine can be imposed.
   • Both: The offender can face both imprisonment and a fine.
   • Community Service: The court may impose community service as part of the punishment, either alongside or instead of imprisonment and fines.

CONCLUSION

In conclusion, contempts of the lawful authority of public servants threaten the rule of law and institutional effectiveness. These actions include disobedience, obstruction, and disrespect towards officials. They disrupt law implementation and governance, undermining public order. Contempts of the lawful authority of public servants hinder smooth government operations and social stability. Addressing such contempts requires legal enforcement, public education, and fostering respect for authority. By doing so, we can safeguard the integrity of public service and enhance the efficacy of governance.