Bharatiya Nyaya Sanhita 2023
Section 208 :
Nonattendance in obedience to an order from public servant :
(See section 174 of IPC 1860)
Section : 208 (a)
Classification of Offence:
Offence : Non-attendance in obedience to an order from public servant.
Punishment : Simple imprisonment for 1 month, or fine of 5000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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Section : 208 (b)
Classification of Offence:
Offence : If the order requires personal attendance, etc., in a Court of Justice.
Punishment : Simple imprisonment for 6 months, or fine of 10,000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable
Bailable or Non-bailable : Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Any Magistrate.
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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.
Indian Penal Code 1860 (IPC 1860)
Section 174 :
Non-attendance in obedience to an order from public servant:
(See section 208 of BNS 2023)
Classification of Offence:
Offence: Not obeying a legal order to attend at a certain place in person or by agent, or departing there from without authority.
Punishment :Simple Imprisonment for 1 month, or fine of 500 rupees, or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
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Offence: If the order requires personal attendance, etc., in a Court of Justice.
Punishment :Simple Imprisonment for 6 month, or fine of 1000 rupees, or both.
Cognizable or Non-cognizable :Non-cognizable
Bailable or Non-bailable :Bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Any Magistrate
————-
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,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court ofJustice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Illustrations :
(a) A, being legally bound to appear before the 1.[High Court] at Calcutta, 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 2.[District Judge], as a witness, in obedience to a summons issued by that 2.[District Judge] intentionally omits to appear. A has committed the offence defined in this section.
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1. Subs. by the A. O. 1950, for “Supreme Court”.
2. Subs. ibid., for “Zila Judge”.