IPC Section 172 — Absconding to avoid service of summons or other proceeding

Summary

If a person hides or runs away to avoid receiving a summons, notice, or order from a government official who has the legal authority to issue it, that person can be punished. The punishment may be simple imprisonment for up to one month, or a fine of up to five hundred rupees, or both. If the summons, notice, or order requires the person to appear in court (either in person or through a representative) or to produce a document or electronic record, the punishment increases to simple imprisonment for up to six months, or a fine of up to one thousand rupees, or both.

Official Text

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, 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 or notice or order 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.

Referred to by

• CrPC §195 — Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

Related Judgments

• KAMLAPATI TRIVEDI vs STATE OF WEST BENGAL — Supreme Court of India (1978)
• STATE OF KERALA vs BABU AND ORS — Supreme Court of India (1999)
• Decided on: 4th January, 2012; MANEESH GOOMER vs STATE — Delhi High Court (2012)

Old <-> New Code Mapping

• BNS §206 — Absconding to avoid service of summons or other proceeding