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IPC 202

IPC Section 202 – Intentional Omission to Give Information of Offence | Bail, FIR & Free Legal Consultation
Section 202 · Indian Penal Code

IPC Section 202 – Intentional Omission to Give Information of Offence by Person Bound to Inform

Section 202 of the Indian Penal Code punishes a person who, knowing or having reason to believe that an offence has been committed, intentionally omits to give information about that offence which they are legally bound to provide. Unlike Section 201 (which addresses active steps to destroy evidence or mislead investigators), this section targets a purely passive failure — silence in breach of a specific legal duty to inform.

Punishment: Up to 6 Months or Fine or Both
Cognizable: No
Bailable: Yes
Compoundable: No
BNS 2023 equivalent: Section 239
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Quick Answer: What Does Section 202 Mean?

In simple terms, Section 202 applies only to persons who are specifically and legally bound to report an offence — such as under certain statutes requiring doctors, certain officials, or others to report specific categories of crime — and who then knowingly and intentionally fail to do so. It does not create a general legal duty for every citizen to report every crime they become aware of; the duty to inform must arise from some specific legal obligation. Medical practitioners handling medico-legal cases, for instance, are commonly identified as persons who may attract this section if they know of an offence (such as an assault or unnatural death) but intentionally fail to report it as required.

Applies only where a specific legal duty to inform about an offence exists
Requires knowledge or reason to believe an offence has been committed, plus intentional omission
Punishable with up to 6 months' imprisonment, or fine, or both
Non-cognizable and bailable, triable by any Magistrate

What is IPC Section 202?

IPC Section 202 falls within Chapter XI of the Indian Penal Code ("Of False Evidence and Offences Against Public Justice"), alongside Section 201 (causing disappearance of evidence, or giving false information to screen an offender). While Section 201 addresses active concealment or false information, Section 202 addresses the narrower and more passive scenario of intentional silence — a failure to provide information about a known offence, where the person was under a specific legal obligation to inform.

Crucially, this section does not impose a general duty on every citizen to report every crime they learn of; rather, it applies specifically to persons who are "legally bound" to give such information by virtue of some other law, rule, or professional obligation. A frequently cited context is that of medical practitioners handling medico-legal cases, who are often required by hospital protocols or specific legal provisions to report certain categories of injury or death to the police — an intentional failure to do so, despite knowledge of the offence, can attract liability under this section.

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 202 IPC now corresponds to Section 239 of the BNS, which retains the same imprisonment term but specifies a maximum fine of ₹5,000 (where the IPC provision did not specify a fixed cap). FIRs/complaints registered before 1 July 2024 continue to be tried under IPC 202; incidents after that date are registered under the corresponding BNS provision.

Punishment Under Section 202

ImprisonmentImprisonment of either description (simple or rigorous) for a term which may extend to 6 months
FineOr with fine, or with both imprisonment and fine
Nature of OffenceNon-Cognizable — police cannot investigate or arrest without a Magistrate's order/warrant
Bailable / Non-BailableBailable — bail is a matter of right
CompoundableNot compoundable — the case cannot be withdrawn or settled directly between the parties
Triable ByAny Magistrate
Related ProvisionsSection 176 (omission to give notice/information to public servant), Section 201 (causing disappearance of evidence/false information to screen offender)

Key Ingredients / Essential Elements

1

Knowledge or reason to believe that an offence has been committed

The accused must have actually known, or had reason to believe, that a specific offence had occurred.

2

A specific legal obligation to give information about that offence

The accused must have been legally bound — by some statute, rule, or specific duty — to provide information regarding the offence; this is not a general duty applicable to every citizen.

3

Intentional omission to give the required information

The failure to inform must be intentional, not merely negligent, forgetful, or accidental.

4

The omission relates specifically to the offence known to the accused

The information withheld must pertain to the specific offence the accused knew or had reason to believe had been committed.

What Should You Do — For Complainants and For the Accused

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If Someone Legally Bound to Inform Withheld Information

  1. Since the offence is non-cognizable, file a formal complaint before the Magistrate rather than expecting the police to register a direct FIR.
  2. Identify and document the specific legal provision or duty that obligated the person to provide the information, since this is a key element of the offence.
  3. Gather evidence showing that the person actually knew or had reason to believe an offence had occurred, and that they intentionally chose not to report it.
📞 Talk to a Lawyer — Complainant Support
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If You Are Accused Under Section 202

  1. Since the offence is bailable, bail can typically be secured without significant difficulty.
  2. A key defence is to show that you were not, in fact, under a specific legal obligation to provide the information, or that any omission was not intentional but due to oversight or lack of knowledge.
  3. Engage a criminal lawyer to represent you before the Magistrate, since the case must be pursued through a formal complaint process given its non-cognizable nature.
📞 Talk to a Lawyer — Defence Support

Complaint & Bail Process Under Section 202

STEP 1

Filing a Complaint

Being non-cognizable, the affected person must approach the Magistrate directly with a complaint, or request police assistance for investigation with the Magistrate's permission.

STEP 2

Magistrate's Inquiry

The Magistrate examines whether the accused was under a specific legal duty to inform, and whether the omission to do so was intentional.

STEP 3

Bail

Being bailable, the accused is entitled to bail as a matter of right if summoned or arrested in connection with the case.

STEP 4

Trial

The case proceeds to trial before the Magistrate, and being non-compoundable, cannot be withdrawn by mutual settlement between the parties.

Important / Illustrative Applications of Section 202

Medical & Medico-Legal Context

Applicability to Medical Practitioners in Medico-Legal Cases

Legal and medical commentary discussing medico-legal protocols has noted that Section 202 IPC is naturally applicable to medical witnesses, since doctors handling cases involving injuries or unnatural deaths often carry a specific legal obligation to report such cases to the police, and an intentional failure to do so despite knowledge of a potential offence can attract this section.

Principle relied on: A person's professional or statutory obligations, such as a doctor's duty to report certain medico-legal cases, can constitute the "legal bound to give" information required to establish liability under Section 202, distinguishing it from a mere moral or social obligation to report crime.
Related Provision Context

Distinction from Section 201 (Screening an Offender)

Legal commentary distinguishing Sections 201 and 202 has clarified that while Section 201 addresses active efforts to make evidence disappear or to give false information to screen an offender (carrying much higher punishment based on the gravity of the underlying offence), Section 202 is limited to the passive act of intentionally withholding information one is legally bound to provide.

Principle relied on: The severity of the offences under Chapter XI of the IPC varies significantly based on whether the accused took active steps to obstruct justice (Section 201) or merely failed to fulfil a specific informational duty (Section 202), with the latter attracting a comparatively minor punishment.

Frequently Asked Questions on Section 202

What exactly does IPC Section 202 punish?+
It punishes intentionally omitting to give information about a known offence, where the person was legally bound to give such information, with imprisonment up to 6 months, fine, or both.
Does Section 202 create a general duty for every citizen to report crimes?+
No, it applies only where a specific legal obligation to inform exists — arising from some other statute, rule, or duty — not a general moral or social obligation.
Is Section 202 a cognizable offence?+
No, it is non-cognizable — a formal complaint must be made before the Magistrate rather than a direct FIR.
Is Section 202 a bailable offence?+
Yes, it is bailable.
Can Section 202 cases be settled directly?+
No, it is a non-compoundable offence and cannot be withdrawn privately between the parties.
What is the difference between Section 201 and Section 202?+
Section 201 covers active steps to destroy evidence or give false information to screen an offender, with punishment scaled to the gravity of the underlying offence (up to 7 years); Section 202 covers a purely passive, intentional failure to give information one is legally bound to provide, carrying a flat maximum of 6 months.
Does this section apply to doctors handling medico-legal cases?+
It can, since medical practitioners are often under a specific legal or protocol-based obligation to report certain injuries or deaths, and an intentional failure to do so despite knowledge of an offence may attract this section.
Which court tries a Section 202 case?+
Any Magistrate.
What should I do if I'm accused under Section 202?+
Consult a criminal lawyer to challenge whether a specific legal duty to inform actually existed, and whether any omission was truly intentional.
Is Section 202 IPC still valid after the BNS came into force?+
IPC Section 202 continues for offences before 1 July 2024; after that, Section 239 BNS applies, with a specified maximum fine of ₹5,000.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Please verify current provisions with a qualified advocate before taking any action.
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