CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC
SERVANTS
172. Absconding to avoid service of summons or other proceeding: Whoever
absconds in order to avoid being served with a summons, notice or order proceeding from
any public servant legally competent, as such public servant, to issue such -summons,
notice or 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;
or, if the summons or notice or order is to attend in person or by agent, or to produce a
document in a Court of Justice, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
173. Preventing service of summons or other proceeding, or preventing publication
thereof: Whoever in any manner intentionally prevents the serving on himself, or on other
person, of any summons, notice or order proceeding from any public servant legally
competent as such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or
order,
or intentionally removes any such summons, notice or order, from any place to which it is
lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under .the authority of any
public servant legally competent, as such public servant, to direct such proclamation to be
made,
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;
or if the summons, notice, order or proclamation is to attend in person or by agent, or to
produce a document in a Court of Justice, with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with both.
174. Non-attendance in obedience to an order from public servant: Whoever, being
legally bound to attend in person or by an agent at a certain place and time in obedience
to a summons, notice, order or proclamation proceeding from any public servant legally
competent, as such public servant to issue the same,
intentionally omits to attend at that place or time, departs from the place where he
is bound to attend before the time at which it is lawful for him to depart,
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;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a
Court of Justice, with simple imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both;
or, if the proclamation be under Section 87 of the Code of Criminal Procedure, 1898, with
imprisonment which may extend to three years, or with fine, or with both.
Illustrations
(a) A, being legally bound to appear before the High Court of Sind in obedience to a
subpoena issuing from that Court, intentionally omits to appear. A has committed the
offence defined in this section.
(b) A, being legally bound to appear before a Zila Judge as a witness in obedience to a
summons issued by that Zila Judge, intentionally omits to appear. A has committed the
offence defined in this section.
175. Omission to produce document to public servant by person legally bound to
produce it: Whoever being legally bound to produce or deliver up any document to any
public servant, as such, intentionally omits so to produce or deliver up the same, 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;
or, if the document is to be produced or delivered up to Court of Justice, with simple
imprisonment for a term which may extend to six months, or with fine which may extend to
one thousand rupees, or with both.
Illustration
A, being legally bound to produce a document before a Zila Court, intentionally omits to
produce the same. A has committed the offence defined in this section.
176. Omission to give notice or information to public servant by person legally
bound to give it: Whoever, being legally bound to give any notice or to furnish
information on any subject to any public servant, as such, intentionally omits to give such
notice or to furnish such information in the manner and at the time required by law, 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;
or, if the notice or information required to be given respects the commission of an offence,
or is required for the purpose of preventing the commission of an offence, or in order to
the apprehension of an offender, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees or with both;
or, if the notice or information required to be given is required by an order passed under
sub-section (1) of Section 565 of the Code of Criminal Procedure, 1898 (V of 1898) with
imprisonment, of either description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
177. Furnishing false information : Whoever, being legally bound to furnish information
on any subject to any public servant, as such, furnishes, as true, information on the
subject which he knows or has reason to believe to be false, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to
one thousand rupees, or with both;
or, if the information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an offence, or in
order to the apprehension of an offender, with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Illustrations
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate,
wilfully misinforms the Magistrate of the district that the death has occurred by accident in
consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed
through his village in order to commit a dacoity in the house of Z a wealthy merchant
residing in a neighbouring place, and being bound, under Clause 5, Section Vll,
Regulation III, 1821, of the Bengal Code to give early and punctual information of the
above fact to the officer, of the nearest police station, wilfully misinforms the police-officer
that a body of suspicious characters passed through the village with a view to commit
dacoity in a certain distinct place in .a different direction. Here A is guilty of the offence
defined in the latter part of this section.
Explanation : In Section 176 and in this section the word "offence" includes any act
committed at any place out of Pakistan, which, if committed in Pakistan, would be
punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394,
395; 396, 397, 398, 399, 402, 435, 436, 449, 450. 457, 458, 459 and 460; and the word
"offender" includes any person who is alleged to have been guilty of any such act.
178. Refusing oath or affirmation when duly required by public servant t make it:
Whoever refuses to bind himself by an oath or affirmation to state the truth, when required
so to bind himself by a public servant legally competent to require that he shall so bind
himself, shall be punished with simple imprisonment far a term which may extend to six
months, or with tine which may extend to one thousand rupees, or with both.
179. Refusing to answer public servant authorised to question : Whoever, being
legally bound to state the truth on any subject to any public servant, refuses to answer any
question demanded of him touching that subject by such public servant in the exercise of
the legal, powers of such public servant shall be punished with simple imprisonment for a
term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
180. 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 six months, or with fine which may extend to five thousand rupees, or with
both.
181. 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
authorized 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.
182. False information with intent to cause public servant to use his lawful power to
the 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
(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
six months, or with fine which may extend to one 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 premises, attended with annoyance to Z. A has committed
the offence defined in this section.
© 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 their 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.
183. Resistance to the taking of property by the 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 one thousand rupees, or with both.
184. 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 hundred
rupees, or with both.
185. 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.
186. 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 five hundred rupees, or with both.
187. 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, shall be punished
with simple imprisonment for a term which may extend to one month, or with fine which
may extend to two hundred rupees, or with both;
and if such assistance, be demanded of him by public servant legally competent to
make such demand for the purposes of executing any process lawfully issued by a Court
of Justice, or of preventing the commission of an offence, or of 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 hundred rupees, or with
both.
188. 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 abstain from a certain act, or to take certain order with certain
property in his possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance or
injury or risk of obstruction, annoyance or injury, to any persons lawfully employed, be
punished with simple imprisonment for a term which may extend to one month or with fine
which may extend to two hundred rupees, or with both;
and if 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 six months, or with fine which may
extend to one 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 the section.
189. 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.
190. 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.
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