Refusing to sign a statement made by oneself has been made punishable under this section. The section says that whoever having made a statement refuses to sign it when a public servant, legally competent to require him to sign it, requires him to sign it, shall be punished with simple imprisonment for a term extending up to three months, or with fine extending up to five hundred rupees, or with both.
The public servant must be empowered by law to order for the signature of the accused. If the accused has not made any statement, he cannot be asked to sign it. This section shall apply only when the accused has made a statement but refuses to sign it. Sections 154, 164, 200 and 281 of the Code of Criminal Procedure, 1973 are some of the instances where one is required by law to sign. There is no provision for rigorous imprisonment under this section.
The offence under this section is non-cognizable, bailable and non-compoundable, and is triable by the court in which the offence is committed subject to the provisions of Chapter XXVI of the Code of Criminal Procedure, 1973; and if no offence is committed, it is triable by any magistrate.