215. Refusing to sign statement.—
Whoever refuses to sign any statement made by him, when
required to sign that statement 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 three thousand rupees, or with both.
216. False statement on oath or affirmation to public servant or person authorised to
administer an oath or affirmation.—Whoever, being legally bound by an oath or affirmation to state
the truth on any subject to any public servant or other person authorised by law to administer such oath or
affirmation, makes, to such public servant or other person as aforesaid, 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.
217. False information, with intent to cause public servant to use his lawful power to injury of
another person—Whoever gives to any public servant any information which he knows or believes to be
false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public
servant—
(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
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(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 one year, or
with fine which may extend to ten 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 enquiries and institute searches in the
village to the annoyance of the villagers or some of them. A has committed an offence under this section.
218. Resistance to taking of property by lawful authority of a public servant.—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 ten thousand
rupees, or with both.
219. Obstructing sale of property offered for sale by authority of public servant.—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 thousand rupees, or with both.
220. Illegal purchase or bid for property offered for sale by authority of public servant.—
Whoever, at any sale of property held by the lawful authority of a public servant, as such, 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.
221. Obstructing public servant in discharge of public functions.—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 two thousand
and five hundred rupees, or with both.
222. Omission to assist public servant when bound by law to give assistance.—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,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to two thousand and five hundred rupees, or with both;
(b) and where 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 or of preventing
the commission of an offence, or 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
thousand rupees, or with both.
223. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an
order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to
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abstain from a certain act, or to take certain order with certain property in his possession or under his
management, disobeys such direction,—
(a) 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 six months, or with fine which may extend to two
thousand and five hundred rupees, or with both;
(b) and where 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 one year, or with fine which may extend to five 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.
Illustration.
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing
that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and
thereby causes danger of riot. A has committed the offence defined in this section.
224. Threat of injury to public servant.—Whoever holds out any threat of injury to any public
servant, or to any person in whom he believes that public servant to be interested, for the purpose of
inducing that public servant to do any act, or to forbear or delay to do any act, connected with the
exercise of the public functions of such public servant, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
225. Threat of injury to induce person to refrain from applying for protection to public
servant.—Whoever holds out any threat of injury to any person for the purpose of inducing that person
to refrain or desist from making a legal application for protection against any injury to any public servant
legally empowered as such to give such protection, or to cause such protection to be given, shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both.
226. Attempt to commit suicide to compel or restrain exercise of lawful power.—Whoever
attempts to commit suicide with the intent to compel or restrain any public servant from discharging his
official duty shall be punished with simple imprisonment for a term which may extend to one year, or
with fine, or with both, or with community service.
CHAPTER XIV
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
227. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of
law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement
which is false, and which he either knows or believes to be false or does not believe to be true, is said to
give false evidence.
Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or
otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this
section, and a person may be guilty of giving false evidence by stating that he believes a thing which he
does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations.
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a
trial that he heard Z admit the justice of B’s claim. A has given false evidence.
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(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the
handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he
knows to be false, and therefore gives false evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to
be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his
belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z,
A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place
on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that
place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a
statement or document which he is bound by oath to interpret or translate truly, that which is not and
which he does not believe to be a true interpretation or translation. A has given false evidence.
228. Fabricating false evidence.—Whoever causes any circumstance to exist or makes any false
entry in any book or record, or electronic record or makes any document or electronic record containing a
false statement, intending that such circumstance, false entry or false statement may appear in evidence in
a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause
any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous
opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and
that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a
Court. A has fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in
imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy,
and puts the letter in a place which he knows that the officers of the police are likely to search. A has
fabricated false evidence.
229. Punishment for false evidence.—
(1) Whoever intentionally gives false evidence in any stage
of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in
sub-section
(1), shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine which may extend to five thousand rupees.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court, is a
stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustration.
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed
for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial
proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court according to law, and conducted under the
authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place
before a Court.
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Illustration.
A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land,
makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding,
A has given false evidence.
230. Giving or fabricating false evidence with intent to procure conviction of capital offence.—
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that
he will thereby cause, any person to be convicted of an offence which is capital by the law for the time
being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand
rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in
sub-section
(1), the person who gives such false evidence shall be punished either with death or the
punishment specified in sub-section
(1).
231. Giving or fabricating false evidence with intent to procure conviction of offence punishable
with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intending
thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an
offence which by the law for the time being in force in India is not capital, but punishable with
imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a
person convicted of that offence would be liable to be punished.
Illustration.
A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The
punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to
ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or
without fine.
232. Threatening any person to give false evidence.—
(1) Whoever threatens another with any
injury to his person, reputation or property or to the person or reputation of any one in whom that person
is interested, with intent to cause that person to give false evidence shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine, or with both.
(2) If innocent person is convicted and sentenced in consequence of false evidence referred to in
sub-section
(1), with death or imprisonment for more than seven years, the person who threatens shall be
punished with the same punishment and sentence in the same manner and to the same extent such
innocent person is punished and sentenced.
233. Using evidence known to be false.—Whoever corruptly uses or attempts to use as true or
genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same
manner as if he gave or fabricated false evidence.
234. Issuing or signing false certificate.—Whoever issues or signs any certificate required by law to
be given or signed, or relating to any fact of which such certificate is by law admissible in evidence,
knowing or believing that such certificate is false in any material point, shall be punished in the same
manner as if he gave false evidence.
235. Using as true a certificate known to be false.—Whoever corruptly uses or attempts to use any
such certificate as a true certificate, knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence.
236. False statement made in declaration which is by law receivable as evidence.—Whoever, in
any declaration made or subscribed by him, which declaration any Court or any public servant or other
person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is
false, and which he either knows or believes to be false or does not believe to be true, touching any point
material to the object for which the declaration is made or used, shall be punished in the same manner as
if he gave false evidence.
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237. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to
use as true any such declaration, knowing the same to be false in any material point, shall be punished in
the same manner as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a
declaration within the meaning of section 236 and this section.
238. Causing disappearance of evidence of offence, or giving false information to screen
offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes
any evidence of the commission of that offence to disappear, with the intention of screening the offender
from legal punishment, or with that intention gives any information respecting the offence which he
knows or believes to be false shall,—
(a) if the offence which he knows or believes to have been committed is punishable with death,
be punished with imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may
extend to ten years, be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment for any term not extending to ten years, be
punished with imprisonment of the description provided for the offence, for a term which may extend
to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or
with both.
Illustration.
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from
punishment. A is liable to imprisonment of either description for seven years, and also to fine.
239. Intentional omission to give information of offence by person bound to inform.—Whoever,
knowing or having reason to believe that an offence has been committed, intentionally omits to give any
information respecting that offence which he is legally bound to give, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
240. Giving false information respecting an offence committed.—Whoever, knowing or having
reason to believe that an offence has been committed, gives any information respecting that offence
which he knows or believes to be false, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Explanation.—In sections 238 and 239 and in this section the word “offence” includes any act
committed at any place out of India, which, if committed in India, would be punishable under any of the
following sections, namely, 103, 105, 307, sub-sections
(2),
(3) and
(4) of section 309, sub-sections
(2),
(3),
(4) and
(5) of section 310, 311, 312, clauses
(f) and
(g) of section 326, sub-sections
(4),
(6),
(7) and
(8) of section 331, clauses
(a) and
(b) of section 332.
241. Destruction of document or electronic record to prevent its production as evidence.—
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to
produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such document or electronic record with the
intention of preventing the same from being produced or used as evidence before such Court or public
servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for
that purpose, shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine which may extend to five thousand rupees, or with both.
242. False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely
personates another, and in such assumed character makes any admission or statement, or confesses
judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit
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or criminal prosecution, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
execution.—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or
any interest therein, intending thereby to prevent that property or interest therein from being taken as a
forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to
be likely to be pronounced, by a Court or other competent authority, or from being taken in execution of a
decree or order which has been made, or which he knows to be likely to be made by a Court in a civil
suit, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to five thousand rupees, or with both.
244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.—Whoever
fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right
or rightful claim to such property or interest, or practises any deception touching any right to any
property or any interest therein, intending thereby to prevent that property or interest therein from being
taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he
knows to be likely to be pronounced by a Court or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be made by a
Court in a civil suit, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
245. Fraudulently suffering decree for sum not due.—Whoever fraudulently causes or suffers a
decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum
than is due to such person or for any property or interest in property to which such person is not entitled,
or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or
for anything in respect of which it has been satisfied, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Illustration.
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently
suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against
him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any
sale of Z’s property which may be made under A’s decree. Z has committed an offence under this
section.
246. Dishonestly making false claim in Court.—Whoever fraudulently or dishonestly, or with
intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be
punished with imprisonment of either description for a term which may extend to two years, and shall
also be liable to fine.
247. Fraudulently obtaining decree for sum not due.—Whoever fraudulently obtains a decree or
order against any person for a sum not due, or for a larger sum than is due or for any property or interest
in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any
person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently
suffers or permits any such act to be done in his name, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
248. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to
any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely
charges any person with having committed an offence, knowing that there is no just or lawful ground for
such proceeding or charge against that person,—
(a) shall be punished with imprisonment of either description for a term which may extend to five
years, or with fine which may extend to two lakh rupees, or with both;
(b) if such criminal proceeding be instituted on a false charge of an offence punishable with
death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with
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imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
249. Harbouring offender.—Whenever an offence has been committed, whoever harbours or
conceals a person whom he knows or has reason to believe to be the offender, with the intention of
screening him from legal punishment shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description
for a term which may extend to five years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may
extend to ten years, be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment which may extend to one year, and not to ten
years, be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with
fine, or with both.
Explanation.— “Offence” in this section includes any act committed at any place out of India, which,
if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307,
sub-sections
(2),
(3) and
(4) of section 309, sub-sections
(2),
(3),
(4) and
(5) of section 310, 311, 312,
clauses
(f) and
(g) of section 326, sub-sections
(4),
(6),
(7) and
(8) of section 331, clauses
(a) and
(b) of
section 332 and every such act shall, for the purposes of this section, be deemed to be punishable as if the
accused person had been guilty of it in India.
Exception.—This section shall not extend to any case in which the harbour or concealment is by the
spouse of the offender.
Illustration.
A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal
punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description
for a term not exceeding three years, and is also liable to fine.
250. Taking gift, etc., to screen an offender from punishment.—Whoever accepts or attempts to
obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property
to himself or any other person, in consideration of his concealing an offence or of his screening any
person from legal punishment for any offence, or of his not proceeding against any person for the purpose
of bringing him to legal punishment shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may
extend to ten
