This section only applies to court summons.

It also covers notices, orders, and public proclamations issued by any legally competent public servant, not just courts.

Simply losing or misplacing a notice by accident is punishable.

The section requires 'intentional' prevention — accidental or unintentional failure to deliver or post a notice is not covered.

Indian Penal Code, 1860

Section 173

repealed

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, 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, Shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both; Or, if 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 of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.§

Why this exists

Courts and government offices function only if their official communications — summons, notices, orders, and public proclamations — actually reach the people concerned or the public. Historically, obstructing a court's messenger or tearing down an officially posted notice was a way to defeat justice or evade legal process. Section 173 was drafted to protect the machinery of law enforcement and judicial process by criminalizing deliberate interference with these official communications, ensuring that legal proceedings cannot be sabotaged simply by blocking paperwork or announcements from reaching their target.

Common misconceptions

Myth: This section only applies to court summons.
Fact: It also covers notices, orders, and public proclamations issued by any legally competent public servant, not just courts.
Myth: Simply losing or misplacing a notice by accident is punishable.
Fact: The section requires 'intentional' prevention — accidental or unintentional failure to deliver or post a notice is not covered.