IPC Section 174 and BNS Section 208: Non-Attendance in Obedience to an Order from Public Servant
Section 174 of the Indian Penal Code, 1860 dealt with intentional non-attendance in response to a lawful summons, notice, order or proclamation issued by a competent public servant. For offences committed on or after 1 July 2024, the corresponding provision is Section 208 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Meaning and essential ingredients
Under Section 208 BNS, liability may arise where a person is legally bound to attend personally or through an agent at a specified place and time under a summons, notice, order or proclamation issued by a public servant who has legal authority to issue it, and that person intentionally fails to attend or leaves before lawful departure is permitted.
- A legally competent public servant issues the relevant process.
- The person is legally required to attend at the specified place and time, personally or by an agent as applicable.
- The person intentionally fails to attend, or leaves prematurely without being lawfully permitted to do so.
Whether service was valid, whether attendance was legally required and whether the omission was intentional depend on the facts and applicable procedural law. A genuine inability to attend is not automatically equivalent to an intentional omission.
Punishment under BNS Section 208
| Provision | Situation | Maximum punishment |
|---|---|---|
| 208(a) | Non-attendance under lawful process from a competent public servant | Simple imprisonment up to 1 month, or fine up to Rs. 5,000, or both |
| 208(b) | Process requiring attendance personally or by agent in a Court | Simple imprisonment up to 6 months, or fine up to Rs. 10,000, or both |
Under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), both forms of the offence are non-cognizable and bailable, and are triable by any Magistrate. Non-cognizable generally means police cannot investigate without the requisite Magistrate's order; bailable means bail is available as of right subject to applicable legal requirements.
Earlier IPC Section 174: historical punishment
IPC Section 174 provided simple imprisonment up to one month, or a fine up to Rs. 500, or both, for ordinary intentional non-attendance. Where the process required attendance in a Court of Justice, punishment could extend to six months of simple imprisonment, or a fine up to Rs. 1,000, or both. BNS Section 208 broadly retains the conduct covered while increasing the fine limits.
Illustrations
High Court subpoena: A person legally bound to appear before a High Court under its subpoena intentionally fails to appear. This is an illustration of the offence.
Witness before District Judge: A witness who is legally required to appear before a District Judge under a duly issued summons intentionally fails to attend. This also illustrates the offence.
Distinction from related offences
Absconding to avoid service of process is separately addressed by BNS Section 206 (formerly IPC Section 172). Intentionally obstructing service or publication is covered by BNS Section 207 (formerly IPC Section 173). Failure to attend after a lawful summons is covered by BNS Section 208. Non-appearance following a statutory proclamation can attract different, more serious provisions under BNS Section 209, depending on the facts.
What should a person do after receiving a summons?
Read the summons carefully, check the issuing authority and required attendance date, and seek appropriate legal advice if compliance is uncertain. If attendance is genuinely impossible, promptly inform the issuing authority or Court and seek an adjournment or exemption through the legally prescribed process. Do not assume that an informal message automatically excuses non-attendance.
Official statutory references
- Bharatiya Nyaya Sanhita, 2023 - official text (Section 208)
- Bharatiya Nagarik Suraksha Sanhita, 2023 - official text and First Schedule
- NCRB official IPC-BNS correspondence table
- NCRB official BNSS offence classification schedule
Frequently asked questions
Which BNS section corresponds to IPC Section 174?
Section 208 of the Bharatiya Nyaya Sanhita, 2023.
Is an offence under BNS Section 208 bailable?
Yes. Both clauses are classified as bailable and non-cognizable in the BNSS First Schedule.
What is the fine for failing to attend a Court summons?
Under Section 208(b) BNS, the fine may extend to Rs. 10,000, or the Court may impose simple imprisonment up to six months, or both, where the statutory requirements are met.
This article provides general legal information and does not replace advice on the facts of a particular case.