Bharatiya Nyaya Sanhita, 2023

BNS Section 206

Absconding to avoid service of summons or other proceeding

In one line

BNS Section 206 deals with absconding to avoid service of summons or other proceeding and replaces IPC 172.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
206(a)Absconding to avoid service of summons or other proceeding from a public servant.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.Non-cognizable.Bailable.Any Magistrate.
206(b)If summons or notice require attendance in person, etc., in a Court.Simple imprisonment for 6 months, or fine of 10,000 rupees, or both.Non-cognizable.Bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 206

206. Absconding to avoid service of summons or other proceeding.

Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,— (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 such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished 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.

What changed from the IPC

  • IPC 172 → BNS 206: The upper limit of the fine is increased from five hundred to five thousand rupees and one thousand to ten thousand rupees; 'Court of justice' is replaced by 'Court' etc.

Frequently asked

What was BNS Section 206 in the IPC?

BNS Section 206 (Absconding to avoid service of summons or other proceeding) replaces Section 172 of the Indian Penal Code, 1860. IPC 172 is now BNS 206.

What is the punishment under BNS 206(a)?

Absconding to avoid service of summons or other proceeding from a public servant – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

What is the punishment under BNS 206(b)?

If summons or notice require attendance in person, etc., in a Court – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.

Is BNS 206 bailable?

Bailable: BNS 206(a), 206(b). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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