Section 210: Omission to Produce Document to Public Servant

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Court in which offence committed / Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 175 IPC

Legal Commentary & Landmark Judgments: Section 210

Section 210 punishes intentional omission to produce or deliver a document or electronic record to a public servant by a person who is legally bound to do so.

  • Legal Obligation: The accused is legally bound by statute or lawful summons to produce or deliver a document or electronic record.
  • Competent Requisition: A valid requisition or notice issued by a public servant or court acting within jurisdiction.
  • Intentional Omission: Conscious and wilful withholding or failure to produce the required document or record.
Key Landmark Precedents:
  • Amritlal v. State of Gujarat (1980) 1 SCC 121: Held that intentional non-production of accounts required by statutory tax or excise authorities constitutes an offence once valid service of notice is proved.
  • C.B.I. v. V.C. Shukla (1998) 3 SCC 410: Clarified the evidentiary duties surrounding maintenance and production of business books and official documents under summons.
Courtroom Practice & Strategic Litigation Guidance:

Defence counsel should assess whether the document was privileged under Section 132-136 BSA (such as professional communications or state secrets) or whether the accused possessed actual custody or control over the record.