Section 206 BNS: Absconding to Avoid Service of Summons or Other Proceeding (Formerly Section 172 IPC)

Section 206 of Bharatiya Nyaya Sanhita: Absconding to Avoid Service of Summons or Other Proceeding

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 206

Section 206 penalises absconding in order to avoid being served with a summons, notice, or order proceeding from any public servant legally competent to issue the same.

Lawful Process: A competent public servant or court has issued a summons, notice, or order requiring appearance or compliance.
Knowledge of Process: The accused is aware or has reasonable grounds to believe that the process has been issued or is about to be issued.
Absconding: The accused hides, departs, or conceals their whereabouts specifically to defeat or evade service of process.

Key Landmark Precedents:

Kartar Singh v. State of Punjab (1994) 3 SCC 569: The Supreme Court observed that evading lawful court processes strikes at the root of the judicial administration and warrants prompt statutory cognizance.
Bhaiya Lal v. State of U.P. (1998) Cri LJ 3968 (All): Held that 'absconding' implies hiding from ordinary process; mere ordinary absence from home without knowledge of summons does not constitute an offence.

Courtroom Practice & Strategic Litigation Guidance:

Complaints under Section 206 are governed by Section 215 BNSS (old Section 195 CrPC) and can only be instituted upon a written complaint by the issuing public servant or superior authority.

Section 206: Absconding to Avoid Service of Summons or Other Proceeding

Section 206 of Bharatiya Nyaya Sanhita: Absconding to Avoid Service of Summons or Other Proceeding

Legal Commentary & Landmark Judgments: Section 206