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IPC Section 172 in BNS: Section 206

Absconding to avoid service of summons or other proceeding

Section 172 of the Indian Penal Code, 1860 (Absconding to avoid service of summons or other proceeding) corresponds to Section 206 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 206(a) is non-cognizable, bailable, triable by Any Magistrate; punishment: Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
206(a)Absconding to avoid service of summons or other proceeding from a public servant.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.Non-cognizableBailableAny Magistrate
206(b)If summons or notice require attendance in person, etc., in a Court.Simple imprisonment for 6 months, or fine of 10,000 rupees, or both.Non-cognizableBailableAny Magistrate

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 206

206. Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,—

(a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both;

(b) where such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

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