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IPC Section 174 in BNS: Section 208

Non-attendance in obedience to an order from public servant

Section 174 of the Indian Penal Code, 1860 (Non-attendance in obedience to an order from public servant) corresponds to Section 208 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 208(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
208(a)Non-attendance in obedience to an order from public servant.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.Non-cognizableBailableAny Magistrate
208(b)If the order requires personal attendance, etc., in a CourtSimple 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 208

208. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,—

(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 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.

Illustrations.

(a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.

Full BNS Section 208 and every IPC section it replaced →

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