Indian Penal Code, 1860
Section 202
repealedIntentional omission to give information of offence by person bound to inform
Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Why this exists
Colonial-era lawmakers drafting the Indian Penal Code wanted to ensure that certain categories of people who are legally obligated to report crimes (such as under special reporting duties in other laws) actually do so, so that the justice system can function and offences don't go unnoticed. This section backs up those reporting duties with a criminal penalty for intentional silence.
How courts read it
Courts have generally held that this section applies only where some other law specifically creates a legal duty to inform authorities of an offence; mere moral or social obligation to report is not enough. Courts have also emphasized that the omission must be intentional and the person must actually know or have reason to believe an offence occurred — negligent or unaware silence does not attract this section.
Common misconceptions
- Myth: This law means everyone must report every crime they know about, or they'll be punished.
Fact: Courts have clarified that this section only applies to people who have a specific legal duty to report, created by some other law or rule — not to ordinary bystanders who have no such formal obligation (simplified). - Myth: Forgetting to report a crime or not realizing one happened can be punished under this section.
Fact: The section requires 'intentional' omission by someone who 'knows or has reason to believe' a crime occurred — accidental or unknowing silence doesn't qualify.