CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

172. 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 ten which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

173. Whoever in any manner intentionally prevents the serving on himself or on any 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 itjs 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. 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 of 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, or 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.

175. Whoever, being legally bound to produce or de­liver up any document to any public servant, as such, intention­ally omits sp 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.

176. 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 ~term which may extend to one month. w 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.

177. 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.

Illustration

A, a landholder, knowing of the commission of a murder within the limits of his estate, willfully 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.

Explanation.– In section 176 and in this section the word “offence” includes any act committed at any place out of the Union of Burma, which, if committed in the Union of Burma, 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 ; the word “offender~~ in­cludes any person who is alleged to have been guilty of any such act.

178. Whoever refuses to bind himself by an oath of 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 for a term winch may extend to six months, or with fine which may extend to one thousand rupees, or with both.

179. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any quetion demanded of him touching that subject by such public servant in the exercise of 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. 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 three months, or with fine which may extend to five hundred rupees, or with both.

181. 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. 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 Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) 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 ii consequence of this information the police will make enquiries and institute searches ii the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

183. 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. 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. 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 iinder 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. Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment of either description fur a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

187. 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 a 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. 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 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 or riot. A has committed the offence defined in this section.

189. Whoever holds out any threat of injury to any pubic 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 function 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. 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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