सं Samvidhan

Indian Penal Code, 1860

Section 172

repealed

Absconding to avoid service of summons or other proceeding

Why this exists

Colonial-era lawmakers included this provision to make sure legal and administrative processes could not be defeated simply by people making themselves unavailable. Summons, notices, and court orders are the backbone of legal proceedings — if people could escape all legal consequences by hiding, the justice system would grind to a halt. This section gives authorities a tool to penalize evasive behavior that obstructs the machinery of justice, with a stricter penalty when courts (as opposed to other public servants) are involved, reflecting the higher importance placed on judicial processes.

Common misconceptions
  • Myth: You can avoid legal trouble forever by just not accepting the summons or notice.
    Fact: Deliberately hiding to avoid service is itself a punishable offense under this section, separate from whatever the original summons or notice was about.
  • Myth: This section applies only to court summons.
    Fact: It covers summons, notices, or orders from any legally competent public servant — not just courts — though court-related appearances carry a harsher penalty.