Some people like to do pranks on others either for fun or to insult someone and sometimes it becomes serious when it is used to harm someone. Public servants have responsibilities and duties and they are also liable for others, a prank with them is serious and can be dangerous, and intentionally doing it to harm someone is a crime or serious offence. We are going to discuss what section 182 of the Indian Penal Code talks about? What is the punishment for giving false information to a public servant for hurting someone? Whether it is a cognizable offence or non-cognizable? Whether it is bailable or non-bailable offence etc. Section 182 of the Indian Penal Code: Chapter 10 of the Indian Penal Code talks about contempt of the lawful authority of public servants. Section 182 of the Indian Penal Code states that if a person gives any information which is not true to a public servant intentionally so that the public servant do something which he/she should not do or won’t do if he/she knows the truth or not do something which he/she should do if he/she is aware of the true fact or if due to the false information any person can get hurt or cause harm or false information will make the public servant use his/her lawful power which might cause harm someone or injure someone is a punishable offence. Consult the best lawyer online Public servant: Section 21 of the Indian Penal Code talks about public servants. It states that a person would be considered a public servant if he/she falls under the given descriptions which are as follows: The commissioned officer who is in Defence or in the Military, Navy, or Air Force. All the judges or the person who is given powers by law to discharge or if he/she is a member of any adjudicatory functions. Officers of Court whether he/she is a liquidator or a receiver or commissioner whose duty is to investigate any matter related to law or to investigate the facts of any case or have a responsibility to make or authenticate any document or have to take charge over any property or to dispose of the property or any person who has the responsibility to execute any judicial process or administering oath or any person who is authorized by the court to interpret or preserve the order in court. All the people are either a juryman or an assessor or a member of the panchayat who is helping or aiding the court or public servant. The person who is either an arbitrator or any person who is having the authority to make decisions or any matter is referred to resolve or decide or to report by Court or any authority who is competent to do so. All the people who have the power to confine anyone or all the persons got the power to confine someone by holding any office. All the government officers whose duty is to maintain law and order, report the offences or crimes or take actions against the offenders or liable to public health and safety. All the government officers who have the power to receive, take, expend or keep any property on the government’s behalf or to make contracts, assessment, or survey on the government’s behalf or if the officer has the power to execute the revenue process or investigation or any matter which government has some interest in. All the officers whose duty is to either receive or keep or expend any property for making surveys or assessments or to levy a tax for any common reason of the village, town, and district. All the people who have the power to either prepare, publish, maintain or revise electoral rolls or have the power to conduct elections or take part in an election by holding any office. All the persons who are performing his/her public duty and gets paid or remunerated by the government or performing any duty related to a local authority or any corporation which is established under central, state or provisional or government act and gets paid or remunerated for that.
The object behind Section 182 and ingredient of section 182: The only reason behind this section is to make sure that no one can mislead a public servant by giving him/her false information.
The main ingredients of section 182 of the Indian Penal Code are:
The information given to the public servant has to be false.
The informant should be aware of the fact that the information is false.
The public servant should not be aware of the fact that the information he/she receives is false.
The intention behind giving the false information is either to make the public servant use his/her power to harm or injure or to do or not to do.
Whether section 182 of the Indian Penal Code is a cognizable offence or a non-cognizable offence?
Section 182 of the Indian Penal Code is a non-cognizable offence.
Whether section 182 of the Indian Penal Code is a bailable or non-bailable offence?
Section 182 of the Indian Penal Code is a bailable offence.
Where can it be tried?
It can be tried in front of any magistrate who has jurisdiction over the matter.
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Illustration: Ram told the Magistrate that Shyam who is a police officer is not performing his duty or misconduct, Ram knows that the information is false and due to this false information, the magistrate will dismiss Shyam from his service. In this case, Ram has committed an offence under section 182 of the Indian Penal Code.
What is the punishment for the commission of offence under section 182 of the Indian Penal Code?
If a person is charged under section 182 of the Indian Penal Code then that person is liable to be punished with imprisonment which may extend up to six months or fine or maybe both.
Conclusion: Hence it is concluded that if anyone gives any false information to any public servant knowing that such information is false with an intention to make the public servant use his/her powers to harm or injure a person or to make the public servant do something which that public servant should not be doing is a punishable offence.
This article was drafted by Ms. Charu Shrivastava, B.A.LLB(H), Galgotias University, Greater Noida. U.P.Offence | Punishment | Cognizance | Bail | Triable By |
---|---|---|---|---|
Giving false information to public servant | Imprisonment, up to 6 months or fine or both | non-cognizable | Bailable | Any Magistrate |
Offence | Giving false information to public servant |
---|---|
Punishment | Imprisonment, up to 6 months or fine or both |
Cognizance | non-cognizable |
Bail | Bailable |
Triable By | Any Magistrate |