Section 210 BNS: Omission to Produce Document or Electronic Record to Public Servant
Section 210 of the Bharatiya Nyaya Sanhita, 2023 applies where a person is legally bound to produce or deliver a document or electronic record to a public servant and intentionally omits to do so. A higher punishment applies where the document or electronic record is required to be produced or delivered to a Court.
Text of Section 210 BNS
210. Omission to produce document or electronic record 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,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered up to a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
Meaning and Essential Ingredients of Section 210
The provision concerns intentional failure to comply with a legal obligation to produce or deliver a document or electronic record. The following elements are central:
- there must be a legal obligation to produce or deliver the document or electronic record;
- the obligation must be owed to a public servant acting as such;
- there must be an omission to produce or deliver the required material;
- the omission must be intentional; and
- for clause (b), the document or electronic record must be required to be produced or delivered to a Court.
Illustration Under Section 210
Illustration: A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section.
Punishment Under Section 210 BNS
| Provision | Nature of omission | Maximum imprisonment | Maximum fine |
|---|---|---|---|
| Section 210(a) | Failure to produce or deliver document or electronic record to a public servant | Simple imprisonment up to 1 month | Rs. 5,000, or both |
| Section 210(b) | Where document or electronic record is required to be produced or delivered to a Court | Simple imprisonment up to 6 months | Rs. 10,000, or both |
Is Section 210 BNS Cognizable and Bailable?
| Provision | Cognizable | Bailable | Court competent to try |
|---|---|---|---|
| Section 210(a) | Non-cognizable | Bailable | The Court in which the offence is committed, subject to Chapter XXVIII; if not committed in a Court, any Magistrate |
| Section 210(b) | Non-cognizable | Bailable | The Court in which the offence is committed, subject to Chapter XXVIII; if not committed in a Court, any Magistrate |
This classification follows the First Schedule under the Bharatiya Nagarik Suraksha Sanhita, 2023.
When May Section 210 Apply?
Section 210 may apply where a statute, lawful process, order or other legally enforceable requirement binds a person to produce or deliver a document or electronic record to a public servant, and that person intentionally fails to comply. The provision expressly extends to electronic records as well as traditional documents.
The existence of a legal duty and the intentional nature of the omission are important. A mere inability to produce a document or record is not expressed in the section as sufficient by itself; the prosecution must establish the ingredients of the offence on the facts of the case.
Commencement and Legal Context
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions, except Section 106(2), came into force on July 1, 2024. Section 210 forms part of Chapter XIII dealing with contempt of the lawful authority of public servants.
This page is a general legal information resource. Application of Section 210 depends on the source of the legal obligation, the identity and competence of the public servant or Court, and proof of intentional omission.