Section 211 BNS: Omission to Give Notice or Information to Public Servant
Section 211 of the Bharatiya Nyaya Sanhita, 2023 deals with intentional failure by a person who is legally bound to give notice or furnish information to a public servant in the manner and within the time required by law.
Text of Section 211 of the Bharatiya Nyaya Sanhita, 2023
211. Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law,-
(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) where the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, 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;
(c) where the notice or information required to be given is required by an order passed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Official text: India Code - Section 211, Bharatiya Nyaya Sanhita, 2023.
Meaning and Essential Ingredients of Section 211 BNS
Section 211 applies only where a legal duty exists to give a notice or furnish information to a public servant. A mere moral expectation, informal request or voluntary communication is not enough. The duty must arise from law, and the omission must be intentional.
- Legal obligation: The person must be legally bound to give the notice or furnish the information.
- Public servant: The notice or information must be required to be given to a public servant acting as such.
- Required manner and time: The law must prescribe, directly or by a lawful order, the manner or time in which the notice or information is to be supplied.
- Intentional omission: The failure must be intentional. The wording of the section makes intentional omission an essential part of the offence.
Punishment Under Section 211 BNS
| Clause | Nature of omission | Maximum punishment |
|---|---|---|
| 211(a) | General intentional omission to give legally required notice or information to a public servant. | Simple imprisonment up to 1 month, or fine up to Rs. 5,000, or both. |
| 211(b) | Notice or information relates to commission of an offence, prevention of an offence, or apprehension of an offender. | Simple imprisonment up to 6 months, or fine up to Rs. 10,000, or both. |
| 211(c) | Notice or information is required by an order under Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023. | Imprisonment of either description up to 6 months, or fine up to Rs. 1,000, or both. |
Nature of the Offence: Cognizable, Bailable and Triable Court
| Provision | Cognizability | Bailability | Court |
|---|---|---|---|
| Section 211(a) | Non-cognizable | Bailable | Any Magistrate |
| Section 211(b) | Non-cognizable | Bailable | Any Magistrate |
| Section 211(c) | Non-cognizable | Bailable | Any Magistrate |
How BNSS Section 394 Relates to BNS Section 211(c)
Clause (c) specifically refers to an order under Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023. BNSS Section 394 is titled "Order for notifying address of previously convicted offender". Where notice or information is required under such an order and the person intentionally omits to comply, Section 211(c) provides the applicable punishment.
Official BNSS source: India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
Practical Legal Effect
For liability under Section 211, it is important to identify the precise law or lawful order that created the duty to provide the notice or information. The prosecution must also establish that the omission was intentional and that the required communication was to a public servant acting in an official capacity.
Clause (b) attracts a higher maximum punishment because the omitted information concerns an offence, prevention of an offence or apprehension of an offender. Clause (c) is a specific category tied to the BNSS provision concerning notification of address by a previously convicted offender.