IPC Section 175
IPC Section 175 – Non-attendance in obedience to an order from public servant
Text of Section 175 IPC:
Whoever, without lawful excuse, neglects or refuses to attend or to remain in attendance at any place as required by any lawful order of a public servant legally competent to issue such order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
🔍 Explanation:
Section 175 deals with failure to comply with a lawful order issued by a public servant to attend or remain at a particular place. This usually applies in cases such as attendance as a witness, or in any official investigation or inquiry.
Key Elements of Section 175:
A lawful order by a public servant:
The order must come from a public servant who is legally competent to issue it.
The order must be lawful (legal, valid, and proper).
Requirement to attend or remain in attendance at a place:
The order could be to appear in court, or at any official proceeding, or investigation.
It could also be to stay at a particular place as required.
Neglect or refusal without lawful excuse:
The person neglects (ignores) or refuses to comply with the order.
The excuse must be lawful; otherwise, the refusal is punishable.
No need for proof of intention:
The offence is complete upon refusal or neglect, even if no malicious intention is proven.
📌 Punishment:
Simple imprisonment for up to 1 month, or
Fine up to 500 rupees, or
Both.
🔍 Practical Context:
This section is often applied to witnesses who fail to appear in court despite receiving a summons.
It ensures cooperation with the judicial or administrative process by compelling attendance.
Example:
Suppose a person receives a lawful summons from the court to appear as a witness on a certain date. If they fail to attend without any lawful reason, they can be punished under Section 175.
Related Sections:
Section 176 IPC – Refusal to answer questions, etc., when legally required.
Section 177 IPC – Furnishing false information.
Section 178 IPC – False statement made in declaration which is by law receivable as evidence.
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