Indian Penal Code, 1860
Section 187
repealedOmission to assist public servant when bound by law to give assistance
Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both; and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Why this exists
Colonial-era lawmakers recognized that public servants—police, magistrates, revenue officers—often need ordinary citizens' cooperation to enforce the law, especially in emergencies like riots or arrests. Many other statutes (like the Code of Criminal Procedure) impose specific duties on citizens to assist officials when called upon. Section 187 backs up those duties with a criminal penalty for willful non-cooperation, ensuring that legal obligations to assist aren't just moral suggestions but enforceable duties, particularly in urgent public-order situations.
Common misconceptions
- Myth: This section means you must always help any police officer who asks you for anything.
Fact: It only applies when some other law already makes it your legal duty to assist in that specific situation—not to random requests without a legal basis. - Myth: Refusing to help absentmindedly or due to inability is a crime under this section.
Fact: The section requires an *intentional* omission—accidental or genuinely impossible non-assistance doesn't qualify.