Section 207: Preventing Service of Summons or Publication Thereof

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 173 IPC

Legal Commentary & Landmark Judgments: Section 207

Section 207 punishes any person who intentionally prevents the service on themselves or any other person of any summons, notice, or order lawfully issued by a public servant, or who prevents its publication.

  • Lawful Process: Summons, notice, or proclamation lawfully issued by a competent public authority.
  • Act of Prevention: Physical refusal to receive, tearing down affixed notices, intimidating process servers, or obstructing proclamation drumming.
  • Intentional Obstruction: The prevention must be conscious and intentional, designed to thwart legal notice.
Key Landmark Precedents:
  • G.M. Vashist v. State (1994) 1 SCC 281: Emphasised that process servers are officers of the court, and violent resistance to service of court notices constitutes criminal obstruction punishable under contempt and penal law.
  • Ram Ghulam v. Emperor AIR 1926 All 512: Held that refusing to accept an open summons handed over by a bailiff does not by itself constitute 'prevention' unless accompanied by physical obstruction or tearing away.
Courtroom Practice & Strategic Litigation Guidance:

The bailiff's or process server's contemporaneous service return report is the core prosecution document. Cross-examination must test whether substitute service procedure under Section 67-69 BNSS was properly complied with.