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Akash Karan   03 February 2021

Documents not produced before court

My neighbour who is involved in a civil litigation was asked to present a sale deed by the judges which he did not produce in the court because he had not renewed it. Has he committed an offence? If yes, what is that offence? And what can he do to rectify it?



 1 Replies

Nandini Warrier   09 February 2021

Good evening,

This seems like a subpoena. Subpoena refers to the request of production of required documents in front a court, or any other legal proceeding. It can also be a command to bring forth any documents, and it is a necessary command to obey, since those documents can prove to be evidence to the case. 

"Section 174 in The Indian Penal Code: Non-attendance in obedience to an order from public servant.—Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hun­dred rupees, or with both, or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprison­ment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both" 

Section 174 of the Indian Penal Code (IPC) talks about failure to follow court's orders. This can be known as contempt of court, for disobedience of court's orders. And this is punishable by imprisonment, a fine, or both if seen fit.

Therefore in your case, the neighbour might be facing some sort of punishment. 

They can always consult a lawyer to know what the consequences will be, and if they will be exempted, if they have a valid reason.

These links can help you better with your query-

https://www.lawyersclubindia.com/articles/writs-good-luck-9134.asp

https://www.lawyersclubindia.com/articles/contempt-of-court-act-in-a-nutshell-11833.asp

Hope this helped-

Regards,

Nandini.


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