Legal Provisions of Section 175 of Indian Penal Code, 1860.
Omission to produce document or electronic record to public servant by person legally bound to produce it:
Omission to produce a document to a public servant by a person legally bound to produce it has been made an offence under this section. The section states that whoever is legally bound to produce or deliver up any document or electronic record to any public servant, as such, but omits to do so intentionally, shall be punished with simple imprisonment for a term extending up to one month, or with fine extending up to five hundred rupees, or with both; or, if the document or electronic record is required to be produced or delivered up to a court of justice, shall be punished with simple imprisonment for a term extending up to six months, or with fine extending up to one thousand rupees, or with both.
ADVERTISEMENTS:
If one is not legally bound to produce or deliver up a document or electronic record, the section does not apply. Omission to produce or deliver up the document or electronic record must be intentional. The penalty has been enhanced in case the document or electronic record is to be produced or delivered up to a court of justice. The prosecution must prove that the document or electronic record was in possession of the accused. Where there exists a doubt as to whether a document or electronic record was in possession of the accused, the court has to hold that he did not have it. This section makes no provision for rigorous imprisonment.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by the court in which the offence is committed, subject to the provisions of Chapter IX of the Code of Criminal Procedure; or if no offence has been committed in a court, it is triable by any magistrate.