Bharatiya Nyaya Sanhita, 2023

BNS Section 207

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

In one line

BNS Section 207 deals with preventing service of summons or other proceeding, or preventing publication thereof and replaces IPC 173.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
207(a)Preventing service of summons or other proceeding, or preventing publication thereof.Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.Non-cognizable.Bailable.Any Magistrate.
207(b)If summons, etc., 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 207

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

Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,— (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, or to produce a document or electronic record 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.

What changed from the IPC

  • IPC 173 → BNS 207: 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 207 in the IPC?

BNS Section 207 (Preventing service of summons or other proceeding, or preventing publication thereof) replaces Section 173 of the Indian Penal Code, 1860. IPC 173 is now BNS 207.

What is the punishment under BNS 207(a)?

Preventing service of summons or other proceeding, or preventing publication thereof – 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 207(b)?

If summons, etc., 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 207 bailable?

Bailable: BNS 207(a), 207(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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