Legal Provisions of Section 187 of Indian Penal Code, 1860.
Omission to assist public servant when bound by law to give assistance:
ADVERTISEMENTS:
This section makes omission to assist a public servant when bound by law to give assistance to an offence. The section is divided into two parts the first of which says that whoever is bound by law to provide assistance to a public servant in the execution of public duty of such public servant 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 two hundred rupees, or with both.
According to the second part of the section, if the public servant demanding such assistance is competent under law to make such demand (i) either to execute any process issued by a court of justice lawfully, or (ii) to prevent commission of an offence, or (iii) to suppress a riot or affray, or (iv) to apprehend a person who has either been charged with commission of an offence, or who is guilty of committing an offence, or who has escaped from lawful custody, shall be punished with simple imprisonment for a term extending up to six months, or with fine extending up to five hundred rupees, or with both.
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Bound by law
The section necessitates that the person omitting to assist must be bound by law to render or furnish assistance. In the absence of any law binding him to provide assistance, not providing assistance to the public servant does not make him guilty under this section. Sections 37, 72 and 129 (2) of the Code of Criminal Procedure, 1973 are relevant to be read in this context. A valid ground for not being able to provide assistance, such as physical incapacity due to serious injury or illness etc., may be a good defence to a charge under this section. Similarly, unreasonable demands on the part of public servants are not required to be met.
ADVERTISEMENTS:
Intentional omission
Mere omission to render assistance to a public servant is not an offence under this section. The prosecution must prove that there was an intention to do so on the part of the accused.
The section makes no provision for rigorous imprisonment, but the second part of the section prescribes an enhanced punishment in the cases of omissions stated therein.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by any magistrate.