Indian criminal law | Updated 29 October 2026
IPC Section 173 and BNS Section 207: Preventing Service of Summons or Publication
Intentionally obstructing lawful delivery or display of summons, notices, orders or proclamations can constitute an offence. The current provision is Section 207 of the Bharatiya Nyaya Sanhita, 2023 (BNS), corresponding to former Section 173 of the Indian Penal Code, 1860 (IPC).
What conduct is prohibited?
Section 207 BNS addresses deliberate interference with legally authorised official communications. It covers:
- Intentionally preventing service of a summons, notice or order on oneself or another person.
- Intentionally preventing lawful affixing of such a document at a place.
- Intentionally removing a summons, notice or order from a place where it has been lawfully affixed.
- Intentionally preventing the lawful making of a proclamation authorised by a competent public servant.
The summons, notice or order must originate from a public servant legally competent to issue it; likewise, a proclamation must be lawfully authorised. The statutory requirement of intentional obstruction is important: an accidental failure to receive a notice is not, by itself, the same as this offence.
Punishment under Section 207 BNS
| Provision | Situation | Maximum punishment |
|---|---|---|
| Section 207(a) | General intentional obstruction of service, affixing or proclamation | Simple imprisonment up to 1 month, or fine up to Rs. 5,000, or both |
| Section 207(b) | Where the document or proclamation concerns attendance personally or through an 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 |
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), both categories are non-cognizable and bailable, and triable by any Magistrate.
Earlier law: Section 173 IPC
Section 173 IPC criminalised substantially the same forms of intentional interference with service or publication. Its general penalty was simple imprisonment up to one month, a fine up to Rs. 500, or both. For the specified court-related category, the maximum was simple imprisonment up to six months, a fine up to Rs. 1,000, or both.
The BNS retains the core prohibited conduct while increasing the statutory fine ceilings. The IPC provision should still be consulted when examining conduct that occurred before 1 July 2024.
Difference between preventing service and avoiding service
Section 206 BNS (former Section 172 IPC) concerns absconding to avoid service. Section 207 BNS (former Section 173 IPC) concerns intentionally obstructing service, lawful affixing or proclamation. Section 208 BNS (former Section 174 IPC) addresses intentional non-attendance in obedience to a legally issued direction. The facts determine which provision may apply.
Practical examples
Deliberately removing a court notice that was lawfully affixed, or stopping an authorised official from serving a summons on another person, may fall within Section 207 if the statutory elements are established. Whether an offence is proved depends on evidence of intentional conduct, lawful authority and the nature of the proceeding.
Official legal sources
Read the Bharatiya Nyaya Sanhita, 2023 (official India Code PDF), particularly Section 207, and the official BNSS First Schedule classification. The National Crime Records Bureau BNS chapter reference also reproduces the provision.
Frequently asked questions
Is preventing service of summons a criminal offence?
Yes, intentional obstruction meeting the requirements of Section 207 BNS may be punishable.
Is Section 207 BNS bailable?
Yes. Both listed categories are bailable and non-cognizable under the BNSS First Schedule.
Does Section 173 IPC still apply?
It remains relevant for offences committed under the earlier law before 1 July 2024, subject to the applicable transitional rules.
Legal information only. The application of a provision depends on the facts and law governing the particular case.