CrPC Section 175
Section 175 CrPC – Refusal to answer questions or to produce document, and similar offences
📜 Text of Section 175 CrPC:
“If any person, being legally bound to answer any question put to him by a public servant in the exercise of the public servant’s official powers—
(a) refuses or willfully neglects to answer the question, or
(b) gives an answer which he knows to be false, or
(c) produces or fabricates any document or electronic record which he knows to be false,he shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.”**
🔍 Detailed Explanation:
1. Nature of the Offence
Section 175 deals with obstruction of public servants in the course of their duty by:
Refusing or neglecting to answer questions,
Giving false answers, or
Producing false documents or electronic records.
2. Who Can Be Held Liable?
Any person who is legally bound to answer questions or produce documents to a public servant can be held liable.
The obligation to answer or produce documents arises from some legal duty or court order.
The public servant must be acting within their official powers when putting the question or seeking the document.
3. Elements of the Offence
To constitute an offence under Section 175, the following elements must be present:
| Element | Explanation |
|---|---|
| Legally bound person | The person must have a legal duty to answer or produce evidence (e.g., summoned witness, accused, etc.) |
| Question or document demanded by public servant | The public servant must be acting under lawful authority |
| Refusal or willful neglect to answer | Intentional refusal or neglect to answer question or produce document |
| Giving false answer or producing false document | Knowledge that the answer or document is false |
| Public servant acting in official capacity | The question/document demand must be within official powers |
4. Examples of Situations Covered
A witness called by the police refuses to answer questions.
A person summoned by the court refuses to appear or answer.
Someone deliberately lies during examination or inquiry.
Submission of fake documents to mislead the investigation or court.
5. Punishment
Simple imprisonment for a term which may extend to 6 months, or
Fine, or
Both imprisonment and fine.
Note: The offence is cognizable but non-bailable and non-compoundable unless specified otherwise.
6. Relation with Other Sections
Section 175 is closely related to offences under the Indian Penal Code (IPC) like Section 193 IPC (punishment for false evidence) and Section 176 IPC (giving false information to public servant).
But Section 175 specifically criminalizes refusal or neglect to answer lawful questions or produce documents.
7. Legal Importance
Ensures cooperation with lawful investigations.
Prevents obstruction of justice by hiding facts or misleading authorities.
Protects integrity of judicial and administrative proceedings.
⚖️ Summary
| Aspect | Details |
|---|---|
| Offence | Refusal to answer or produce documents, giving false answers/documents to public servants |
| Applicable to | Persons legally bound to answer/produce evidence |
| Punishment | Simple imprisonment up to 6 months, or fine, or both |
| Purpose | Prevent obstruction to public servants in official duties |
RELATED Blog
0 comments