● Modified in BNS
Failing to attend when legally bound to do so under a public servant's summons or order carries up to 1 month's imprisonment (up to 6 months if the order required attendance in court) under BNS Section 208, unchanged from IPC 174, with fine ceilings raised tenfold.
Section 174 IPC punished intentionally omitting to attend, or departing early, when legally bound to attend in person or by an agent before a public servant under a summons, notice, order or proclamation, with simple imprisonment up to 1 month, or fine up to Rs 500, or both -- rising to up to 6 months, or fine up to Rs 1,000, or both, if the order required attendance in a Court of Justice.
BNS Section 208 reproduces the offence and illustrations verbatim, restructured into clauses (a)/(b). The imprisonment terms are unchanged; the fine ceilings are raised tenfold -- Rs 500 to Rs 5,000 for the general tier, Rs 1,000 to Rs 10,000 for the court-attendance tier.
Offence and imprisonment terms unchanged; fine ceilings raised tenfold across both tiers, consistent with the BNS's general updating of the IPC's 1860s-era fine figures.
Simple imprisonment up to 1 month, or fine up to Rs 5,000, or both; up to 6 months, or fine up to Rs 10,000, or both, if the order required attendance in a Court of Justice..
IPC 174 is bailable..
This is a non-cognizable. offence.
Non-compoundable..
Matters under IPC 174 are tried before the Any Magistrate..
Common defences include the summons or order not being legally valid or from a competent public servant, lack of knowledge of the summons or order, and a reasonable excuse or inability to attend such as illness or force majeure.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons