| Q.1- | What do you understand by absconding to avoid service of summons? |
| Ans.- | The offence of absconding of the person against whom summons has been issued by legal competent authority and he abscond himself from accepting such summons. |
| Q.2- | What do you mean by preventing service of summons or other proceeding? |
| Ans.- | Whoever in any manner intentionally prevents – (i) the serving on himself, or on any other person, or (ii) the lawful affixing to any place, or (iii) the lawful making of any proclamation, or (iv) intentionally removes, any summons, notice or order proceeding from any public servant legally competent, as such public servant, to do that is an offence under section 173 of IPC. |
| Q.3- | What are the elements of the offence of “non-attendance in obedience to an order”? |
| Ans.- | There are three elements of section 174, namely – (i) legally bound to attend in person, (ii) legally competent to issue summons, and (iii) person intentionally omitted to attend. |
| Q.4- | Give an illustration of the offence of “non-attendance in obedience to an order”? |
| Ans.- | A, being legally bound to appear before the High Court at Ahmedabad, in obedience to a summons issuing from that Court, intentionally omits to appear. ‘A’ has committed the offence. |
| Q.5- | What are the punishments for offences relating to summons? |
| Ans.- | The offender of section 172, 173 or 174 shall be punished with imprisonment up to one month or with fine up to Rs. 500 or with both; but when it was served in person, he is punishable with imprisonment up to six month or with fine up to Rs. 1000 or with both. |
| Q.6- | What are offences of “non-appearance in response to a proclamation”? |
| Ans.- | (i) Whoever fails to appear at the specified place and the specified time as required by a proclamation published under section 82(1) of the Cr.P.C., shall be punished with imprisonment up to three years or with fine or with both, and
(ii) where a declaration has been made under section 82(4) of Cr.P.C, pronouncing him as a proclaimed offender, he shall be punished with imprisonment up to seven years and fine. |
| Q.7- | What is omission to produce document? |
| Ans.- | Whoever, being legally bound to produce or deliver up any document or Electronic Record to any public servant, as such, intentionally omits so to produce or deliver up the same, is punishable under section 175. |
| Q.8- | What is “Omission to give notice or information”? |
| Ans.- | 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. |
| Q.9- | Can a person refuse to take oath or affirmation before the authority? |
| Ans.- | No. Section 178 says that whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself is an offence. |
| Q.10 | Can a person refuse to sign statement ? |
| Ans.- | No. Section 180 says that whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment up to three months, or with fine up to Rs. 500, or with both |
| Q.11 | What happen if a person gives false statement before authority? |
| Ans.- | Section 181 says that whoever, – (i) being legally bound by an oath or affirmation to state the truth on any subject, (ii) to any public servant or other person authorized by law to administer such oath or affirmation, (iii) makes, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment up to three years and fine. |
| Q.12 | What happen if a person disobeys the order duly promulgated by public servant? |
| Ans.- | According to section 188, whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, is an offence. |
| Q.13 | Whether a police personal has any defence against threat made to him for doing any illegal act? |
| Ans.- | Yes. Section 189 says that whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment up to two years, or with fine, or with both |