Bharatiya Nyaya Sanhita, 2023
BNS Section 208
Non-attendance in obedience to an order from public servant
In one line
BNS Section 208 deals with non-attendance in obedience to an order from public servant and replaces IPC 174.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 208(a) | Non-attendance in obedience to an order from public servant. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
| 208(b) | If the order requires personal attendance, 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 208
208. Non-attendance in obedience to an order from public servant.
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.
What changed from the IPC
- IPC 174 → BNS 208: 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 208 in the IPC?
BNS Section 208 (Non-attendance in obedience to an order from public servant) replaces Section 174 of the Indian Penal Code, 1860. IPC 174 is now BNS 208.
What is the punishment under BNS 208(a)?
Non-attendance in obedience to an order from 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 208(b)?
If the order requires personal attendance, 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 208 bailable?
Bailable: BNS 208(a), 208(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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Nearby BNS sections
- BNS 203 — Public servant unlawfully buying or bidding for property
- BNS 204 — Personating a public servant
- BNS 205 — Wearing garb or carrying token used by public servant with fraudulent intent
- BNS 206 — Absconding to avoid service of summons or other proceeding
- BNS 207 — Preventing service of summons or other proceeding, or preventing publication thereof
- BNS 209 — Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
- BNS 210 — Omission to produce document or electronic record to public servant by person legally bound to produce it
- BNS 211 — Omission to give notice or information to public servant by person legally bound to give it
- BNS 212 — Furnishing false information
- BNS 213 — Refusing oath or affirmation when duly required by public servant to make it