सं Samvidhan

Indian Penal Code, 1860

Section 179

repealed

Refusing to answer public servant authorized to question

Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Why this exists

This provision is part of a group of IPC sections (Sections 172-190) dealing with offences against public justice and obstruction of public servants. It ensures that when the law obligates a person to speak truthfully to an authority (for example, under witness examination or statutory inquiry), that person cannot simply stay silent to frustrate the investigation or proceeding. It balances the state's need for information with the requirement that the duty to answer must already exist in law and the public servant must be acting within their legal authority.

How courts read it

Courts have generally emphasized two preconditions before Section 179 applies: first, that the accused was under a specific legal obligation to state the truth on the subject (such an obligation must come from some other law, e.g., the Code of Criminal Procedure or a special statute); and second, that the public servant was acting within the scope of their legal powers when asking the question. Courts have held that a mere general duty to cooperate is not enough — the duty to answer truthfully must be traceable to a specific legal provision, and refusal to answer questions outside that lawful scope does not attract this section.

Common misconceptions
  • Myth: This section applies whenever any public servant asks any question.
    Fact: Courts have clarified that it applies only when the person is already under a specific legal duty to state the truth, and the public servant is acting within their lawful powers on that subject.
  • Myth: Staying silent is always a safe legal option.
    Fact: If a person is legally bound to answer (such as a summoned witness), silence itself can be punishable under this section.