What is IPC 174A in BNS?

IPC Section 174A (Non-appearance in response to a proclamation under section 82 of Act 2 of 1974) is Section 209 of the Bharatiya Nyaya Sanhita, 2023.

Is IPC 174A bailable?

For offences committed on or after 1 July 2024 the offence falls under BNS 209, which the BNSS First Schedule classifies as non-bailable and cognizable. Offences committed before that date are charged under the IPC.

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IPC Section 174A in BNS: Section 209

Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

Section 174A of the Indian Penal Code, 1860 (Non-appearance in response to a proclamation under section 82 of Act 2 of 1974) corresponds to Section 209 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 209 is cognizable, non-bailable, triable by Magistrate of the first class; punishment: Imprisonment for 3 years, or fine, or both, or community service.

Bail, cognizability and punishment

Section	Offence	Punishment	Cognizable	Bailable	Triable by
209	Non-appearance in response to a proclamation under section 84 of this Sanhita.	Imprisonment for 3 years, or fine, or both, or community service.	Cognizable	Non-bailable	Magistrate of the first class
209	In a case where declaration has been made under sub-section (4) of section 84 of this Sanhita pronouncing a person as proclaimed offender.	Imprisonment for 7 years and fine.	Cognizable	Non-bailable	Magistrate of the first class

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 209

209. Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Absconding to avoid service of summons or other proceeding.

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

Non- attendance in obedience to an order from public servant.

Non- appearance in response to a proclamation under

section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Omission to produce document or electronic record to public servant by person legally bound to produce it.

Omission to give notice or information to public servant by person legally bound to give it.

Furnishing false information.

Full BNS Section 209 and every IPC section it replaced →

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