IPC Section 162
IPC Section 162 prohibits public servants from disclosing information obtained during official duties without authorization.
IPC Section 162 addresses the conduct of public servants regarding sensitive information. It prohibits them from sharing any information they acquire through their official position without proper authorization. This section is crucial to maintain confidentiality and trust in public administration.
Ensuring that public servants do not misuse their access to confidential information helps protect the privacy of individuals and the integrity of government operations. Violating this provision can lead to legal consequences, emphasizing the importance of discretion in public service.
IPC Section 162 – Exact Provision
This section makes it an offence for public servants to disclose information gained through their official duties to unauthorized persons. It applies regardless of whether the disclosure causes harm, focusing on the breach of trust and confidentiality.
Applies specifically to public servants.
Prohibits unauthorized communication of official information.
Penalty includes imprisonment up to one year, fine, or both.
Maintains confidentiality and trust in public service.
Information must be obtained during official duties.
Purpose of IPC Section 162
The main legal objective of IPC Section 162 is to protect sensitive information handled by public servants. It ensures that official secrets and data are not disclosed improperly, preserving the integrity of government functions and safeguarding citizens' privacy. This provision deters misuse of power and unauthorized leaks.
Prevent misuse of official information.
Maintain confidentiality in public administration.
Protect public interest and individual privacy.
Cognizance under IPC Section 162
Cognizance of offences under Section 162 is generally taken by courts when a complaint or report is filed by an authorized person or agency. Since it involves breach of official duty, the case often originates from government departments or public authorities.
Courts take cognizance upon official complaint.
Usually initiated by government or authorized agencies.
Offence is cognizable and non-bailable.
Bail under IPC Section 162
Offences under IPC Section 162 are non-bailable due to their nature involving breach of public trust. Bail may be granted at the discretion of the court depending on the facts and circumstances, but it is not a matter of right.
Bail is not guaranteed and is non-bailable by default.
Court considers seriousness and impact of disclosure.
Public interest weighs heavily in bail decisions.
Triable By (Which Court Has Jurisdiction?)
Cases under IPC Section 162 are triable by Magistrate courts. Depending on the severity and connected offences, Sessions Court may also have jurisdiction. The trial court will examine evidence of unauthorized disclosure and intent.
Primarily triable by Magistrate courts.
Sessions Court may try cases linked with other offences.
Special courts may be involved in some government-related cases.
Example of IPC Section 162 in Use
Consider a government clerk who accesses confidential citizen data for official work. If the clerk shares this information with a private individual without permission, it constitutes an offence under Section 162. The clerk can be prosecuted and punished for breaching confidentiality.
In contrast, if the clerk shares information with a law enforcement officer authorized to receive it, no offence occurs. The key factor is whether the recipient is legally authorized to access the information.
Historical Relevance of IPC Section 162
Section 162 has its roots in colonial-era laws aimed at maintaining discipline among public officials. It has evolved to address modern concerns about data privacy and misuse of official information.
Introduced in the Indian Penal Code, 1860.
Amended to cover modern confidentiality concerns.
Referenced in landmark cases on public trust.
Modern Relevance of IPC Section 162
In 2025, Section 162 remains vital as digital data and information flow have increased. Courts interpret it to include electronic disclosures and data leaks by public servants. It supports transparency while protecting sensitive information.
Applies to digital and electronic information.
Courts emphasize strict adherence to confidentiality.
Supports data privacy laws and governance.
Related Sections to IPC Section 162
Section 165 – Public servant disobeying law, with intent to cause injury.
Section 166 – Public servant disobeying direction of law.
Section 188 – Disobedience to order duly promulgated by public servant.
Section 204 – Intentional omission to give information of offence.
Section 463 – Forgery.
Section 468 – Forgery for purpose of cheating.
Case References under IPC Section 162
- State of Punjab v. Sodhi Sukhdev Singh (1965 AIR 719, SC)
– The Court held that unauthorized disclosure by public servants breaches public trust and warrants punishment under Section 162.
- Union of India v. Raghunath Thakur (1991 AIR 2256, SC)
– Clarified that information must be obtained during official duties to attract Section 162 liability.
- R. Rajagopal v. State of Tamil Nadu (1994 AIR 1844, SC)
– Emphasized balancing confidentiality with freedom of press under Section 162.
Key Facts Summary for IPC Section 162
- Section:
162
- Title:
Disclosure by Public Servants
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Imprisonment up to 1 year, or fine, or both
- Triable By:
Magistrate Court
Conclusion on IPC Section 162
IPC Section 162 plays a crucial role in preserving the confidentiality of information handled by public servants. By criminalizing unauthorized disclosures, it upholds the integrity of public administration and protects sensitive data from misuse.
In an era of increasing digital information, this section ensures that public servants remain accountable and trustworthy. Its enforcement supports good governance and public confidence in government institutions.
FAQs on IPC Section 162
Who is considered a public servant under IPC Section 162?
A public servant includes any government official or employee who performs duties for the government. This covers civil servants, police officers, and other authorized personnel.
What kind of information is protected under Section 162?
Any information obtained during official duties that is not legally authorized to be shared is protected. This includes confidential documents, data, and communications.
Is Section 162 offence bailable?
No, offences under Section 162 are non-bailable. Bail is granted only at the discretion of the court based on case facts.
Can a public servant disclose information to law enforcement?
Yes, if the law enforcement officer is legally authorized to receive the information, disclosure is permitted under Section 162.
What is the punishment for violating Section 162?
The offender may face imprisonment up to one year, a fine, or both, depending on the court's decision.