Bharatiya Nyaya Sanhita, 2023
BNS Section 209
Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023
In one line
BNS Section 209 deals with non-appearance in response to a proclamation under section 84 of bharatiya nagarik suraksha sanhita, 2023 and replaces IPC 174A.
Punishment, bail and court
| 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: 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 209
209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023.
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.
What changed from the IPC
- IPC 174A → BNS 209: New punishment of "as with community service" is added in regard to proclamation under section 84(1)BNSS [82(1) CrPC].
Frequently asked
What was BNS Section 209 in the IPC?
BNS Section 209 (Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023) replaces Section 174A of the Indian Penal Code, 1860. IPC 174A is now BNS 209.
What is the punishment under BNS 209?
Non-appearance in response to a proclamation under section 84 of this Sanhita – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 209 bailable?
Non-bailable: BNS 209, 209. 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 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 208 — Non-attendance in obedience to an order from public servant
- 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
- BNS 214 — Refusing to answer public servant authorised to question