CHAPTER TWO
Offences
PART IV
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Breach of Trust and Other Frauds Breach of trust by public officer
404. A public officer who in the discharge of the duties of his or her office, commits any fraud or breach of trust affecting the public, whether such fraud or breach of trust would have been criminal or not if committed against a private person is liable on conviction on indictment to imprisonment for ten years, or on summary conviction to imprisonment for two years.
Failure or refusal to deliver money or other property
405. Any person employed in the service of the government of this State or any city, town, or village in this State, and entrusted by virtue of such employment with the keeping, receipt, custody, management or control of chattel, money, valuable security, book of account or document, or other property, who refuses or fails to deliver up any such thing or property to any one authorised to demand it, is liable on conviction on indictment to imprisonment for seven years.
Failure by public officer to pay or account for or produce money or property
406.— (1) A public officer who is under a duty by reason of his or her employment, to pay or account for any monies or valuable security or to produce or deliver up any documents or other things, or who fails to do so in compliance with a demand to do so in accordance with his or her duty made to him or her by any other officer or person authorised in that behalf is liable on summary conviction to imprisonment for three months, and his or her conviction is without prejudice to his or her liability in any civil proceedings or for any other offence punishable under this Code.
(2) A public officer sentenced to imprisonment under subsection (1) shall be discharged upon his or her satisfying the Court before which he or she was sentenced, or any other Court of similar jurisdiction that he or she has since his or her conviction performed the duty in respect of which he or she was sentenced to imprisonment.
False attestation or certificate by public officer
407. Any person who, being bound or authorised as a public officer to attest or certify, by writing or otherwise, any document or matter, or that an event has or has not happened, who certifies such document or matter which he or she knows is false in any material particular, or attests or certifies that such event has or has not happened, without knowing or having reason to believe that the event did or did not in fact happen or has not happened, according to his or her attestation or certificate, is liable on conviction on indictment to imprisonment for two years.
Falsifying, etc., document by public officer
408. A public officer who intentionally or recklessly destroys, damages, falsifies, or conceals any document which is in his or her possession, custody, or control, or to which he or she has access by virtue of his or her office, is liable on conviction on indictment to imprisonment for two years.
Furnishing false statement or return of money or property
409.— (1) A public officer charged with the receipt, custody, or management of any part of public revenue or property of the State or of any city, town or village of the State, who intentionally or recklessly furnishes any false statement or account of any money or property received by him or her or entrusted to his or her care, or of any balance of any money or property in his or her possession or under his or her control, is liable on conviction on indictment to imprisonment for two years.
National penalties - offences against the administration of justice
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