Answer
Ans: (a)
Provisions regarding enforcing obedience to lawful authority:
The various provisions n the Pakistan Penal Code intended for enforcing obedience to lawful authority of public servants are as under:
1.According to S. 172: Absconding to avoid service to summons, notice or order proceeding from any public servant-one month’s simple imprisonment or with fire extending to Rs500 or both.
2. If the summons or notice or order is to antenna in person or to produce a document o a Court -- simple imprisonment for months, o with fire. Extending to Rs, 1000, or with both
3. According to S. 173; Preventing service of summons or other proceeding or removing the same from any place or preventing the proclamation one month’s simple imprisonment or with, fine up to P.s 500 or with both, or if the summons, notice. Order or proclamation is to attend or produce a document in a court-six months simple imprisonment with fine up to Rs.1000 or with both. (S, 173)
4. According to S. 174: None—attendance in obedience to a summons, notice, order, etc. or departing before it is lawful to do one month’s simple imprisonment and fine. A conviction under this provision is only possible when the person was legally bound to attend but refused or intentionally omitted to attend. (S.174)
A being legally bound to produce a document before a Zulu Court intentionally omits to produce the same. A has committed offence defined in this Section.
5. According to Ss. 175,176: Intentional omission:
(a) to produce or deliver a document to a public servant by a person legally bound to do so.
(b) to give or furnish any notice or information to a public servant and
(c) to assist a public servant when bound by la to give assistance — one month’s simple
imprisonment and or fine, and where the document is to be produced or delivered to a Court, or where assistance is demanded for executing any process issued by a Court — six months’ simple imprisonment and/or fine. (Ss. 175i76)
Ans: (b)
(a) The offences with regard to giving false information are contained in Ss. 177, 181 and 182 of the Pakistan Penal Code.
According to Section 177: S. 177 relates to furnishing of information on any subject to any public servant by a person legally bound to furnish it as true, which he knows to be false. It is punishable with simple imprisonment extending to six months or with fine or with both and if the information which he is legally bound to give is in respect of the commission of an offence or of the purpose of preventing it or for the apprehension of an offender, the imprisonment may extend to two years.
Illustrations
A. f landholder, knowing of the commission of a murder within the limits of his estate, willfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoicty in the house of Z a wealthy merchant residing in a neighbouring place, and being bound, under Clause 5, Section VII, Regulation III, 1821. Of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station. willfully misinforms the police-officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distinct place in a different direction. Here A is guilty of the offence defined in the latter part of this section.
According to Section 181:
S. 181 relates to a false statement on oath or affirmation to a public servant. The punishment provided is three years with or without fine.
False information with intent to cause public servant to use his lawful power to the injury of another person:
Whoever gives to any public servant any information which he knows or believes to he false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant:
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person. shall be punished with imprisonment of either description for a term which may extend to six months; or with fine which may extend to one thousand rupees, or with both,
Illustrations -
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z, A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z premises, attended with annoyance to Z. A has committed the offence defined in this section.
A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants but knows it to be likely that in consequence of their information the police will make enquires and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.