Section 202 IPC: Intentional omission to give information of offence by person bound to inform

Indian Penal Code, 1860

Section 202 IPC at a Glance

Section 202 IPC deals with intentional omission to give information of offence by person bound to inform. It is bailable and non-cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 239 BNS.

Punishment

Imprisonment of either description for up to six months.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
BNS Equivalent

Section 239 →

Section 202 IPC Bare Act Text

202. Intentional omission to give information of offence by person bound to inform

Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Source: Section 202, Indian Penal Code, 1860

Section 202 IPC in Simple Words

Section 202 of the Indian Penal Code (IPC) punishes a person who knows or has reason to believe that an offence has been committed and intentionally omits to give any information about it that he is legally bound to give. The punishment is imprisonment of either description for up to six months, or fine, or both. The offence is non-cognizable and bailable, and it is triable by any Magistrate.

Ingredients of Section 202 IPC

  • The accused knew or had reason to believe that an offence had been committed
  • The accused was legally bound to give information respecting that offence
  • The accused intentionally omitted to give that information

Punishment Under Section 202 IPC

Imprisonment

Imprisonment of either description for up to six months.

Fine

The offender may be punished with fine alone or with both imprisonment and fine. The section fixes no maximum for the fine.

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Intentionally omitting to give information that the law binds a person to give carries imprisonment for up to six months, or fine, or both.

Example of Section 202 IPC

In 2022 in Surat, Harish witnessed an armed dacoity at a textile warehouse and knew that the offence had been committed. By law, every person aware of the commission of a dacoity was legally bound to give information respecting that offence immediately to the nearest Magistrate or police officer. Wanting to avoid questioning, Harish returned home and intentionally omitted to give any information about the dacoity to the authorities. Because he knew that an offence had been committed and intentionally omitted to give information that he was legally bound to give, Harish is punishable under Section 202 IPC.

When Section 202 IPC Does Not Apply

  • Section 202 IPC does not apply when the person neither knew nor had reason to believe that any offence had taken place.
  • Section 202 IPC does not apply if the law placed no legal duty on that person to report or give information about the offence.
  • Section 202 IPC does not apply where the failure to report the offence was accidental or caused by illness rather than an intentional omission.
  • Section 202 IPC does not apply when the person actively gives false information about the offence instead of remaining silent, which is punishable under Section 203 IPC.

Section 202 IPC in the BNS

Section 202 IPC is now covered under Section 239 BNS.

Section 202 IPC is now Section 239 BNS, with the same title and the same words except for the fine. The IPC fixes no maximum for the fine. Section 239 BNS caps it at five thousand rupees.

View detailed comparison (IPC 202 vs BNS 239) →

FAQs on Section 202 IPC

What does Section 202 IPC provide?▼

It punishes a person who knows or has reason to believe that an offence has been committed and intentionally omits to give any information respecting that offence which he is legally bound to give.

What is the punishment under Section 202 IPC?▼

Imprisonment of either description for up to six months, or fine, or both.

How does Section 202 IPC differ from Section 203 IPC?▼

Section 202 IPC punishes intentionally omitting to give information that the person is legally bound to give. Section 203 IPC punishes giving false information respecting an offence committed.

What must the accused know under Section 202 IPC?▼

That an offence has been committed, or that there is reason to believe so.

Is an offence under Section 202 IPC cognizable and bailable?▼

It is non-cognizable and bailable.

Which court tries an offence under Section 202 IPC?▼

Any Magistrate.

Can an offence under Section 202 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

Where is Section 202 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 239 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·