Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
Legal systems depend on people actually receiving official communications — court summons, government notices, or public proclamations — so that justice and administration can proceed fairly. This provision, carried forward from Section 173 of the erstwhile Indian Penal Code, exists to stop people from evading legal process by dodging servers, tearing down posted notices, or disrupting official announcements. Without such a rule, people could indefinitely delay or defeat legal proceedings simply by refusing to accept paperwork or by destroying evidence that it was served.
Common misconceptions
- Myth: You can avoid a court case by simply refusing to accept the summons.
Fact: Intentionally avoiding or destroying a summons is itself a separate crime under this section, and does not stop the original case from proceeding. - Myth: Tearing down a government notice is just vandalism, not a serious offence.
Fact: If done intentionally to prevent lawful notice or proclamation, it is specifically punishable under this provision, with higher punishment if it relates to a court appearance or document.