Section 210: Omission to Produce Document to Public Servant

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Court in which offence committed / Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 175 IPC

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 210 BNS
Omission to Produce Document to Public Servant
Simple imprisonment up to 1 month, or fine up to ₹5,000, or both (up to 6 months if Court document). Bailable Non-Cognizable Court in which offence committed / Any Magistrate Formerly Sec 175 IPC
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 210

Section 210 punishes intentional omission to produce or deliver a document or electronic record to a public servant by a person who is legally bound to do so.

  • Legal Obligation: The accused is legally bound by statute or lawful summons to produce or deliver a document or electronic record.
  • Competent Requisition: A valid requisition or notice issued by a public servant or court acting within jurisdiction.
  • Intentional Omission: Conscious and wilful withholding or failure to produce the required document or record.
Key Landmark Precedents:
  • Amritlal v. State of Gujarat (1980) 1 SCC 121: Held that intentional non-production of accounts required by statutory tax or excise authorities constitutes an offence once valid service of notice is proved.
  • C.B.I. v. V.C. Shukla (1998) 3 SCC 410: Clarified the evidentiary duties surrounding maintenance and production of business books and official documents under summons.
Courtroom Practice & Strategic Litigation Guidance:

Defence counsel should assess whether the document was privileged under Section 132-136 BSA (such as professional communications or state secrets) or whether the accused possessed actual custody or control over the record.