Indian criminal law | IPC and BNS

IPC Section 175 and BNS Section 210: Failure to Produce Documents or Electronic Records

A person legally required to produce or deliver a document or electronic record to a competent public servant may commit an offence by intentionally failing to do so. The historical provision was Section 175 of the Indian Penal Code, 1860; its corresponding provision is Section 210 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Current-law position: The BNS came into force on 1 July 2024. Section 210 ordinarily governs conduct occurring after commencement. For earlier conduct and pending proceedings, the applicable savings and transitional provisions must be considered; the IPC has not simply disappeared for every historical case.

What does Section 210 BNS mean?

Section 210, in Chapter XIII of the BNS, addresses an intentional omission by a person legally bound to produce or deliver a document or electronic record to a public servant acting in an official capacity. A higher penalty range applies where production or delivery is required to a Court.

The expression legally bound means that an enforceable legal duty to produce or deliver the record must exist; a mere informal request does not by itself establish this ingredient. A public servant is a person falling within the relevant statutory definition and acting in the capacity contemplated by the provision. An electronic record includes information maintained in electronic form where covered by applicable law.

Essential ingredients of the offence

A document or electronic record is required to be produced or delivered.
The person is legally bound to produce or deliver it to the public servant concerned.
The duty arises in relation to the public servant acting as such, or production is required before a Court.
The person intentionally omits to comply. Whether there was a lawful excuse or genuine inability to comply depends on the facts and governing procedure.

Punishment under BNS Section 210

Situation	Maximum simple imprisonment	Maximum fine
Section 210(a): intentional omission to produce or deliver to a public servant	One month	Rs. 5,000, or both imprisonment and fine
Section 210(b): record required to be produced or delivered to a Court	Six months	Rs. 10,000, or both imprisonment and fine

Both categories are generally non-cognizable and bailable under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The appropriate forum and any special court procedure depend on where the alleged offence occurred and applicable procedural provisions.

Earlier law: Section 175 of the Indian Penal Code, 1860

IPC Section 175 punished a person who, being legally bound to produce or deliver a document or electronic record to a public servant, intentionally omitted to do so. It prescribed simple imprisonment up to one month, or fine up to Rs. 500, or both. Where production or delivery was required to a Court of Justice, it prescribed simple imprisonment up to six months, or fine up to Rs. 1,000, or both.

The central prohibition continues under BNS Section 210, but the maximum monetary fines are higher. The BNS heading also expressly refers to electronic records.

Statutory illustration explained

A person is legally required to produce a document before a District Court but deliberately fails to produce it. This is the illustration used to explain the offence. In an actual case, the court must examine the lawful requirement, the person's duty, and the intentional nature of the omission.

Practical compliance and procedural considerations

Check that the notice, summons or order is authentic and identifies the authority, required records and deadline.
Preserve proof of production, delivery, acknowledgment, or an application seeking additional time.
If a document is unavailable, privileged or outside the recipient's lawful control, raise the issue promptly before the issuing authority or Court rather than ignoring the requirement.
Where an alleged omission concerns a court proceeding, the special procedural requirements of the BNSS, including restrictions on taking cognizance in relevant cases, may need to be examined.

Frequently asked questions

Is every failure to submit a document a criminal offence?

No. The statutory legal duty and intentional omission must be established. An accidental delay or a request without legal authority is not automatically an offence under this section.

Does Section 210 cover digital records?

Yes. The provision expressly covers documents and electronic records.

Is BNS Section 210 bailable?

Yes. Both penalty categories are classified as bailable and non-cognizable under the BNSS First Schedule.

What is the difference between IPC Section 175 and BNS Section 210?

The core conduct is substantially the same, but the BNS increases the maximum fines from Rs. 500 to Rs. 5,000 for the general case, and from Rs. 1,000 to Rs. 10,000 for production before a Court.

Official statutory references

Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Section 210).
NCRB official IPC-to-BNS section correspondence table.
NCRB official BNS chapter text.
India Code official legislation portal (consult BNSS First Schedule for classification and procedural provisions).

Legal information is general and does not replace advice on the facts of a particular case. Updated: 29 October 2026.