BBanaka

BNS Section 208: Non-attendance in obedience to an order from public servant

Bharatiya Nyaya Sanhita, 2023 · Chapter 13: Of Contempts of the Lawful Authority of Public Servants

Also available in: हिंदी

208. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,––

(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 the summons, notice, order or proclamation is to attend in person or by agent in a Court 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.

Illustrations.

(a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.

Study: explanations and related material

Replaces IPC 174. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

208(a)Non-attendance in obedience to an order from public servant.

Punishment
Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

208(b)If the order requires personal attendance, etc., in a Court.

Punishment
Simple imprisonment for 6 months, or fine of 10,000 rupees, or both.
Cognizable or not
Non‑cognizable
Bailable or not
Bailable
Triable by
Any Magistrate

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 172. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

Other sections in this chapter