What is IPC Section 175?
IPC Section 175 sits in Chapter X of the Indian Penal Code, "Of Contempts of the Lawful Authority of Public Servants," within a cluster of provisions addressing various forms of non-cooperation with lawful demands made by public servants and courts (Sections 172–190). Section 175 specifically addresses the failure to produce or deliver up a document, or electronic record, that the accused is legally bound to produce — for example, in response to a summons or a legal obligation to submit records to an authority.
Like several neighbouring provisions in this chapter, Section 175 is deliberately structured with a graduated punishment: the standard, lighter tier applies to failures to produce a document generally, while a heavier tier applies specifically where the document was to be produced or delivered to a Court of Justice — recognising that withholding evidence or records from judicial proceedings poses a more serious threat to the fair administration of justice than withholding it from other public servants.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 175 IPC now corresponds to Section 210 of the BNS, which retains the two-tier structure but raises the maximum fines to ₹5,000 (general tier) and ₹10,000 (Court of Justice tier).
Legal Provision — Text of Section 175 IPC
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. This illustration highlights that a legal obligation to produce the document — arising from a summons, order, or other legal requirement — is essential; the section does not apply to a general, informal request that carries no independent legal compulsion.
Punishment Under Section 175
| General Punishment (Para I) | Simple imprisonment up to 1 month, or fine up to ₹500, or both |
|---|---|
| If Required by a Court of Justice (Para II) | Simple imprisonment up to 6 months, or fine up to ₹1,000, or both |
| Nature of Offence | Non-cognizable — police generally require a Magistrate's order to investigate or arrest |
| Bailable / Non-Bailable | Bailable, in both tiers |
| Compoundable | Non-compoundable, in both tiers |
| Triable By | The court in which the offence is committed (subject to Chapter XXVI of the CrPC/procedural law), or, if not committed in a court, any Magistrate |
The distinction between the two tiers is significant — a case involving failure to produce records before an ordinary administrative public servant carries a much lighter maximum punishment than a case involving deliberate withholding of documents from a court proceeding.
Key Ingredients / Essential Elements
A legal obligation to produce or deliver the document
The accused must have been legally bound — by summons, order, or other legal requirement — to produce or deliver up the specific document or electronic record.
Intentional omission
The failure to produce or deliver the document must have been intentional — genuine inability, loss of the document, or accidental failure does not satisfy this element.
The demand was made by a public servant, as such
The document must have been required by a public servant acting in their official capacity, not in a purely personal or unofficial capacity.
What Should You Do — For Complainants and For the Accused
If Someone Failed to Produce a Document They Were Legally Bound to Produce
- Document the specific legal basis for the obligation — the summons, order, or legal provision requiring production.
- Note the communications or reminders sent to the person regarding their obligation, and any responses (or lack thereof) received.
- File a complaint before the appropriate court or Magistrate, since the offence is non-cognizable.
- If the failure occurred in the context of court proceedings, consult a lawyer about whether the heavier tier under Section 175 applies, and whether contempt proceedings might also be relevant.
If You Are Accused Under Section 175
- Consult a criminal lawyer promptly, particularly if the demand arose in the context of court proceedings.
- Gather evidence if the failure was genuinely unintentional — for example, if the document was lost, destroyed, or you were genuinely unable to access it.
- Being bailable, you are entitled to bail as a matter of right.
- Work with your lawyer to assess whether a genuine, valid legal obligation to produce the document actually existed on the facts.
How Section 175 Relates to Neighbouring Provisions
- Section 172 punishes absconding to avoid service of a summons or other proceeding.
- Section 173 punishes preventing service of a summons or other proceeding, or preventing its publication.
- Section 174 punishes non-attendance in obedience to an order from a public servant.
- Section 175 (this section) punishes intentionally omitting to produce a document you are legally bound to produce.
- Section 176 punishes the closely related failure to give notice or information you are legally bound to give.
Together, these provisions form a framework compelling cooperation with lawful demands made by public servants and courts, with each addressing a distinct form of non-cooperation — evasion of service, obstruction of service, non-attendance, non-production of documents, and non-disclosure of information.