My name is Ranjithraj R, I serve as Superintendent in the Department of Agricultral marketing and Agri Business, Government of Tamil Nadu. I wish to know if a person rejects to accept a show cause notice issued to him in person, how to prove that in the court under IPC section 180 ? is a witness given by an officer belonging to the same department is valid in court? can we record in video ? Kindly give advice regarding this.
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1.Acceptance of show cause is not binding on the errant emoloyee by signing the same.
2.hence the show cause can be sent by post also.
3.unless and until giving statements is compulsory ,singing the same is not mandatory.
4.in this case refusal to accept show cause by putting the signature by the emoloyee does not attract section 180 of IPC.
Respected sir..
If he denies to sign a appropriate document which he authorized by law to sign it. You can make a video clip in ur phone also and produce the same as an evidence along with a certificate of section 65-B of evidence act that will be considered.
And yes any person belonging to same department can give his statment against such person and that would also be considered by law.
Thanku
Hello Mr. Ranjithraj R
In this case 180 IPC is not attracted
Evidence by an officer belonging to the same department is valid
Video recording is admissible as evidence
I wish to clarify that the show cause notice is issued to a licensed trader under the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 who has contravened the provisions of the act by evading fees to be paid to the government and had obstructed the authorities empowered by the act to inspect his premises and verify the records. The above act mandates giving statement when required by the officer empowered by the said act which the party is refusing to accept . If this is the case, will it attract IPC 180 ?? Kindly advice.
As per your description the trader is not giving statement which does not attracts section 180 IPC.
Section 180 IPC is attracted when the person refuses to sign the statement .
In your case section 179 IPC is better attarcted
It would attract provisions of section 175 , 176 of IPC
175. Omission to produce document or electronic record to public servant by person legally bound to produce it.--
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, 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 document or electronic record is to be produced or delivered up to 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.
176. Of IPC Omission to give notice or information to public servant by person legally bound to give it.-
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, 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;
Sorry,section 180 IPC does not apply in this case either.
Section 180 does not apply in your case and yes video recording is a valid evidence as per the Indian Evidence Act.
And also the evidence if given by the officer of same department hold good.
Rather section 175/176 will attracted in light of the facts as presented by you.
Regards
I wish to know if a person rejects to accept a show cause notice issued to him in person, how to prove that in the court under IPC section 180 ?
A show cause notice is issued by the department to its delinquent employee and it has nothing to do with the section 180 IPC for a case before court.
Actually as per the provisions of the referred law, 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 for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
is a witness given by an officer belonging to the same department is valid in court?
can we record in video ?
Video recorded evidence is not valid however there is no legal impediment for the officer of the same department deposing evidence.
The above act mandates giving statement when required by the officer empowered by the said act which the party is refusing to accept . If this is the case, will it attract IPC 180 ??
The said clause can be invoked under the circumstances before a court and not be the department which is not empowered to convict the individual wit the penal provision as laid down in the law.