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IPC Section 173 in BNS: Section 207

Preventing service of summons or other proceeding, or preventing publication thereof

Section 173 of the Indian Penal Code, 1860 (Preventing service of summons or other proceeding, or preventing publication thereof) corresponds to Section 207 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 207(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
207(a)Preventing service of summons or other proceeding, or preventing publication thereof.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.Non-cognizableBailableAny Magistrate
207(b)If summons, etc., 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 207

207. Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,—

(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 the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court, 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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