Bharatiya Nyaya Sanhita, 2023
Section 210
Omission to produce document or electronic record to public servant by person legally
Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered up to a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. Illustration. A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section.
Why this exists
Government functions—investigations, audits, court cases—often depend on people producing records they're legally required to hand over. This provision, carried forward from the old Indian Penal Code (Section 175), penalizes deliberate withholding of such documents, treating withholding from courts more seriously because it can obstruct justice directly.
Common misconceptions
- Myth: This section punishes anyone who simply forgets or loses a document.
Fact: The law requires the omission to be intentional — accidental loss or genuine inability to produce the document doesn't meet the standard. - Myth: The punishment is the same whether the document was for a police officer or a court.
Fact: The law specifically sets a higher punishment (up to 6 months, up to Rs 10,000) when the document was to be produced before a Court, versus a lower one (up to 1 month, up to Rs 5,000) for other public servants.