Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
This provision (earlier Section 172 of the Indian Penal Code, 1860) exists to make sure that legal and administrative processes can actually function. Summonses, notices, and orders only work if they can be delivered to the person concerned. Without a penalty for deliberately evading service, people could indefinitely stall investigations, trials, or official inquiries simply by hiding. The higher punishment for court-related summonses reflects the greater importance of ensuring judicial proceedings are not obstructed.
How courts read it
Courts have generally held that mere absence from home or a place is not enough to convict someone under this kind of provision; the prosecution must show that the person deliberately concealed themselves or fled with the specific intention of avoiding service of the summons, notice, or order. Innocent absence, travel, or unawareness of the summons does not attract this offence. (Simplified) — courts examine intent and actual evasive conduct on a case-by-case basis.
Common misconceptions
- Myth: If I'm just not home when the summons arrives, I'm automatically guilty under this law.
Fact: Courts have generally required proof that the person deliberately hid or fled with the intention of avoiding service — innocent absence is not enough. - Myth: This law only applies to court summonses.
Fact: It applies to any summons, notice, or order from a public servant legally authorized to issue one, though court-related summonses carry a heavier punishment under clause (b).