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.
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.
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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
Full BNS Section 209 and every IPC section it replaced →
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