PENAL CODE OF BRITISH INDIA.

(Continued from p. 264).

CHAP. IX.

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS.

152. WHOEVER absconds in order to avoid being served with a summons or notice proceeding from any public servant, or body of public servants, legally competent, as such public servant, or as such body, to issue such summons or notice, shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 500, or both.

153. Whoever in any manner intentionally prevents the serving on himself, or on any other, of any summons or notice proceeding from any public servants, or body of public servants, legally competent as such public servant, or as such body, to issue such summons or notice, or intentionally prevents the lawful affixing to any place of any such summons or notice, or intentionally removes any such summons or notice 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, or body of public servants, legally competent, as such public servant, or as such body, to direct such proclamation to be made, shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 500, or both.

154. If any person, by doing any thing whereby he commits an offence under the last preceding clause, also commits an offence under any clause contained in any other chapter of this Code, the punishment shall be cumulative.

155. Whoever, being legally bound to attend in person or by an agent at a certain place and time, in obedience to an order proceeding from any public servant, or body of public servants, legally competent, as such public servant, or as such body, to issue such order, 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 imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 500, or both.

Illustrations.

(a) A, being legally bound to appear before the Supreme Court at Calcutta in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this clause.

(b) A, being legally bound to appear before a Zillah judge, as a witness, in obedience to a summons issued by that Zillah judge, intentionally omits to appear. A has committed the offence defined in this clause.

(c) A, a proprietor of lands ordered to be sold, receives an order from the collector to attend an ameen in person, or by an agent, in the manner prescribed in sect. x. Reg. XLV. of 1793, of the Bengal presidency. A, being legally bound to obey this order, intentionally disobeys it. A has committed the offence defined in this clause.

(d) A, a ryot, is summoned by the tehsildar to attend at the annual settlement of revenue, in the manner prescribed by sect. v. Reg. III. of 1831, of the Madras presidency. A, being legally bound to attend, intentionally omits to do so. A has committed the offence defined in this clause.

156. Whoever, being legally bound to produce or deliver up any document to any public servant, as such, or to any body of public servants, as such,

intentionally omits so to produce or deliver up the same, shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 500, or both.

Illustrations.

(a) A, being legally bound to produce a document before a Zillah Court, intentionally omits to produce the same. A has committed the offence defined in this clause.

(b) A, a putwarree, is ordered by the collector to attend with his accounts an officer deputed by the collector, in the manner prescribed by sect. xxv. Reg. XII. of 1817, of the Bengal presidency. A, being legally bound to obey this order, intentionally disobeys it. A has committed the offence defined in this clause.

(c) A has a rowanna for salt, which rowanna he is legally bound, under clause 3, sect. xlvi. Reg. X. of 1819, of the Bengal presidency, to deliver up to a darogah of a salt chokee. A intentionally omits to deliver up the same. A has committed the

offence defined in this clause.

157. Whoever, being legally bound to give any notice or to furnish information on any subject, to any public servant, as such, or to any body of public servants, 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 imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 500, or both.

Illustrations.

(a) A is holder of lakheraj lands, and as such is legally bound to furnish information to the collector in the manner prescribed by sect. vii. Reg. VIII. of 1800, of the Bengal presidency. A intentionally omits to do so. A has committed the offence defined in this clause.

(b) A succeeds to a malgoozaree estate, and is legally bound to notify such succession to the collector, in the manner prescribed by sect. xxi. Reg. VIII. of 1800, of the Bengal presidency. A intentionally omits to do so. A has committed the offence

defined in this clause.

158. Whoever, being legally bound to furnish information on any subject to any public servant, as such, or to any body of public servants, as such, furnishes information on that subject which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 1,000, or both.

Illustration.

A is legally bound to furnish a true return of his assessable carriages and horses to the assessor for Bombay, in the manner prescribed by sect. xxv. Reg. XIX. of 1827, of the Bombay presidency. A makes a return which he knows to be false. A has committed the offence defined in this clause.

159. Whoever refuses to bind himself by an oath, or sanction tantamount to an oath, to state the truth, when required so to bind himself by a public servant, or body of public servants, legally competent to require that he shall so bind himself, shall be punished with imprisonment of either description for a term which may extend to six months, or fine, or both.

160. Whoever, being legally bound by an oath, or sanction tantamount to an oath, to state the truth on any subject to any public servant, or body of public servants, refuses to answer any question demanded of him touching that subject by such public servant, or body, in the exercise of the legal powers of such public servant, or body, shall be punished with imprisonment of either description for a term which may extend to six months, or fine, or both.

161. Whoever refuses to sign any statement made by him when required to sign that statement by a public servant, or body of public servants, legally competent to require that he shall sign that statement, shall be punished with imprisonment of either description for a term which may extend to three months, or fine which may extend to Rs. 1,000, or both.

162. Whoever, being legally bound by an oath, or sanction tantamount to an oath, to state the truth on any subject to any public servant, or body of public servants, states to such public servant, or body, as true, that which he knows to be false, touching that subject, shall be punished with imprisonment of either description for a term which may extend to three years, and must not be less than six months, and shall also be liable to fine.*

163. Whoever gives to any public servant, or body of public servants, any information which he knows to be false, intending or knowing it to be likely that such information may cause such public servant, or such body, to use the lawful power of such public servant, or of such body, to the loss or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or fine which may extend to Rs. 1,000, or both.

Illustration.

A falsely informs a public servant that A knows Z to have some contraband salt in a secret place, 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 clause.

164. In every case in which a public servant, as such, or any person authorized by any public servant, as such, or by any body of public servants, as such, is legally empowered to enter any place, or to remain in any place, or to make any search, or to examine any thing, or to put a mark upon any thing, whoever, either by any act, or by any illegal omission, intentionally prevents, or attempts to prevent, such public servant or authorized person from exercising such lawful power, or intentionally causes annoyance to such public servant or authorized persons in the exercise of such lawful power, shall be punished with imprisonment of either description for a term which may extend to three months, or fine which may extend to Rs. 500, or both.

Explanation." Examine any thing." The word "examine" extends to all operations whereby the quality or quantity of any thing is ascertained.

Illustrations.

(a) Gauging, measuring, surveying, weighing, are modes of examination. (b) Z is an officer of a court of justice, lawfully empowered to enter A's house for the purpose of making a search. A, by fastening the door, attempts to prevent Z from entering. A has committed the offence defined in this clause.

(c) Z is a revenue officer, lawfully empowered to measure A's land, for the purpose of assessment. A intentionally prevents Z from measuring the land. A has committed the offence defined in this clause.

(d) Z is a Custom-house officer, lawfully empowered to go on board of a ship on its arrival in port. A, the commander of the ship, refuses to admit Z on board. A has committed the offence defined in this clause.

(e) Z is a Custom-house officer, lawfully empowered to stay on board of a ship in a port in Bengal, and entitled, during such stay, to be furnished by the commander of the ship with fresh water (Act No. XVI. of 1837), A, the commander of the ship, illegally omits to furnish Z with fresh water, and by such his illegal omission, intentionally causes annoyance to Z in the exercise of Z's lawful powers. A has committed the offence defined in this clause.

* For cases in which the false statement amounts to false evidence, see clause 190,

165. (Is a repetition of clause 154.)

166. Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, as such, or of any body of public servants, as such, shall be punished with imprisonment of either description for a term which may extend to six months, or fine, or both.

167. (Is a repetition of clause 154.)

168. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, or of any body of public servants, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 500, or both.

169. (Is a repetition of clause 154.)

170. Whoever bids for any property offered for sale by the lawful authority of any public servant, as such, or of any body of public servants, as such, on account of any person, whether himself or any other, whom he knows to be under any 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 fine, or both.

171. Whoever offers any resistance to the taking into custody of himself, or of any other, under the lawful authority of any public servant, as such, or of any body of public servants, as such, shall be punished with imprisonment of either description for a term which may extend to six months, or fine, or both. 172. (Is a repetition of clause 154.)

173. Whoever intentionally rescues, or attempts to rescue, any person from any custody in which that person is detained under the lawful authority of any public servant, as such, or of any body of public servants, as such, shall be punished with imprisonment of either description for a term which may extend to six months, or fine, or both.

174. (Is a repetition of clause 154.)

175. Whoever escapes, or attempts to escape, from any custody in which he is detained under the lawful authority of any public servant, as such, or of any body of public servants, as such, shall be punished with imprisonment of either description for a term which may extend to three months, or fine, or both.

176. (Is a repetition of clause 154.)

177. Whoever, except as hereinafter excepted, knowing that a public servant, or body of public servants, has, in the exercise of the lawful powers of such public servant or body, directed a certain person to be taken into custody, harbours that person, with the intention of preventing that person from being so taken into custody, shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 200, or both.

Exception. This provision does not extend to the case in which the harbour is given by the husband, or wife, or relation in the direct ascending or descending line, or brother, or sister, of the person to whom the harbour is given.*

178. Whoever, except as hereinafter excepted, knowingly harbours any person who has escaped from custody in which he was detained by the lawful authority of some public servant, or body of public servants, shall be punished with imprisonment of either description for a term which may extend to two months, or fine which may extend to Rs. 500, or both.

*For rescue, escape, and harbour, see Chapter X.

Exception. (Is a repetition of the exception under clause 177). 179. Whoever intentionally offers any insult, or causes any interruption, to any public servant, or body of public servants, while such public servant or body is in the discharge of the public functions of such public servant or body, shall be punished with imprisonment of either description for a term which may extend to three months, or fine which may extend to Rs. 500, or both. 180. (Is a repetition of clause 154).

181. Whoever, knowing himself to be directed by law to give any assistance to any public servant, or body of public servants, in the execution of the public duty of such public servant or body, intentionally omits to give such assistance, shall be punished with imprisonment of either description for a term which may extend to one month, or fine which may extend to Rs. 200, or both.

182. Whoever, knowing that by a local order, promulgated by a public servant, or body of public servants, 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, disobeys such direction, shall, if such his disobedience causes or tends to cause any danger to human life, health, or safety, or any obstruction or annoyance, or risk of such obstruction or annoyance, to persons lawfully employed, or any rioting, or any risk of rioting, be punished with imprisonment for a term which may extend to one month, or fine which may extend to Rs. 200, or 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.

Illustrations.

(a) An order is promulgated by a public servant lawfully empowered to promulgate such order, forbidding the celebration of a Hindu festival, accompanied with swinging in front of the houses of the English gentlemen in Chowringhee. A knowingly disobeys the order, and thereby causes annoyance, or risk of annoyance, to English families. A has committed the offence defined in this clause.

(b) An order is promulgated in the manner aforesaid, directing all persons to keep their dogs within doors for fear of hydrophobia. A knowingly disobeys the order. Here, if A's disobedience tends to cause danger to human life, health, or safety, A has committed the offence defined in this clause.

(c) An order is promulgated in the manner aforesaid, 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 this clause. 183. (Is a repetition of clause 154).

184. Whoever directly or indirectly holds out any threat of any 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 any public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to one year, or fine, or both. 185. (Is a repetition of clause 154).

186. Whoever directly or indirectly holds out any threat of any injury to any person, for the purpose of inducing that person to refrain or desist from making any legal application for protection against any injury to any public. servant, or body of public servants, legally empowered, as such, to give such Asiat.Jour.N.S. VOL.26. No. 104.

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