Indian Penal Code, 1860
Section 175
repealedOmission to produce document to public servant by person legally bound to produce it
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, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
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).