सं Samvidhan

Indian Penal Code, 1860

Section 175

repealed

Omission to produce document to public servant by person legally bound to produce it

Why this exists

This provision is part of a set of IPC sections (172-188) that protect the functioning of public administration and justice. Many laws require citizens to produce records - tax returns, licenses, ownership papers, or evidence - to officials when demanded. Without a penalty for refusal, such legal duties would be meaningless, since officials could not compel compliance. Section 175 gives teeth to these production duties by criminalizing willful non-compliance, while keeping the punishment mild since it addresses an administrative lapse, not a violent or fraudulent act.

How courts read it

Courts have emphasized that the omission must be 'intentional' - a person who forgets, loses the document, or has a genuine legal reason to withhold it (such as privilege) is not liable. Courts have also clarified that mere failure to appear is different from failure to produce a document already in one's possession or control; the section targets the latter. Some judgments have distinguished this section from Section 176 (omission to give notice/information), noting Section 175 is specifically about physical or electronic records, not information generally.

Common misconceptions
  • Myth: Any failure to produce a document to an official is a crime under this section.
    Fact: The person must be legally bound to produce that specific document, and the omission must be intentional - accidental loss or genuine inability does not count.
  • Myth: This section covers refusing to answer questions or give information.
    Fact: Section 175 is specifically about failing to produce or deliver a document or electronic record, not about giving verbal information (which is covered by other sections like 176).