IPC Section 172 and BNS Section 206: Absconding to Avoid Service of Summons
Intentionally absconding to evade a lawfully issued summons, notice or order is a punishable offence. The former rule was Section 172 of the Indian Penal Code, 1860 (IPC); the corresponding current rule is Section 206 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What does absconding to avoid service mean?
Section 206 addresses a person who absconds in order to avoid being served with a summons, notice or order issued by a public servant legally competent to issue it. The offence focuses on deliberate evasion of service, not merely the fact that a document was not delivered or that a person was temporarily unavailable.
A summons generally requires a person to attend or respond as directed; a notice communicates a legal requirement or information; and an order is a direction issued under lawful authority. Whether a particular communication is valid depends on the empowering law and the facts.
Essential ingredients of the offence
- A summons, notice or order must proceed from a public servant legally competent to issue it.
- The person concerned must abscond or deliberately evade service.
- The purpose of absconding must be to avoid service of that summons, notice or order.
- For the higher punishment under Section 206(b), the communication must concern attendance in person or through an agent, or production of a document or electronic record, in a Court.
The prosecution must establish the required elements through admissible evidence. Mere non-receipt, without proof of intentional absconding to evade service, does not by itself establish this offence.
Punishment under BNS Section 206
| Provision | Situation | Maximum punishment |
|---|---|---|
| Section 206(a) | Absconding to avoid service of a lawful summons, notice or order from a competent public servant. | Simple imprisonment up to 1 month, or fine up to Rs. 5,000, or both. |
| Section 206(b) | Where the summons, notice or order requires attendance in person or by agent, or production of a document or electronic record, in a Court. | Simple imprisonment up to 6 months, or fine up to Rs. 10,000, or both. |
These are statutory maximum penalties, not automatic sentences. See the official text of the Bharatiya Nyaya Sanhita, 2023.
Earlier punishment under IPC Section 172
Before the change in criminal law, Section 172 IPC provided simple imprisonment up to one month, or a fine up to Rs. 500, or both, for the general offence. If the summons, notice or order related to attendance or production of a document or electronic record in a Court of Justice, the punishment could extend to six months of simple imprisonment, or a fine up to Rs. 1,000, or both.
The current BNS provision substantially retains the offence while increasing the maximum fines. The applicable law must be identified by reference to the date and circumstances of the alleged conduct.
Is the offence cognizable or bailable?
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), both categories under BNS Section 206 are non-cognizable and bailable, and are triable by any Magistrate. A non-cognizable classification ordinarily means that police investigation requires the appropriate Magistrate's order; bailable means bail is available as of right subject to applicable legal procedure.
See the official BNSS First Schedule classification.
Practical examples
Potential offence: A person learns that a competent authority is attempting lawful service and intentionally goes into hiding specifically to prevent service. Whether an offence is proved depends on the evidence of intent and the other statutory ingredients.
Not automatically an offence: A person is away for work or travel and does not receive a notice, without any intention to evade service. Absence alone is not enough to establish the requisite purpose.
Distinction from related offences
Absconding to avoid service differs from BNS Section 207, which concerns intentionally preventing service or publication of a summons or other proceeding, and BNS Section 208, which concerns intentional non-attendance in obedience to a lawful order. BNS Section 209 separately concerns failure to appear in response to a proclamation under BNSS Section 84. The relevant provision depends on the specific conduct and procedural stage.
Frequently asked questions
Is IPC Section 172 still applicable?
IPC Section 172 was repealed along with the IPC from 1 July 2024, but may remain relevant for earlier acts under the applicable savings provisions. For later conduct, refer to BNS Section 206.
Is avoiding a court summons punishable?
Deliberately absconding to evade service of a qualifying court summons may attract BNS Section 206(b), with punishment up to six months of simple imprisonment or a fine up to Rs. 10,000, or both.
Does failing to receive a summons prove absconding?
No. The offence requires intentional absconding for the purpose of avoiding lawful service. Service records, conduct and surrounding circumstances may be relevant.
Official legal sources
- Bharatiya Nyaya Sanhita, 2023 (India Code PDF) - Section 206 and repeal/savings provision
- National Crime Records Bureau - BNS chapter-wise provisions
- National Crime Records Bureau - BNSS First Schedule
- India Code - official repository of central legislation
This article provides general legal information. The correct provision and procedural requirements depend on the date, facts, and applicable law of the case.