IPC §174 → BNS §208
Non-attendance in obedience to an order from public servant
Jump to section
Comparison
174. Non-attendance in obedience to an order from public servant.—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, 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, notice, order or proclamation is to attend in person or by agent 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. Illustrations (a) A, being legally bound to appear before the 2[High Court] at Calcutta, 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 3[District Judge], as a witness, in obedience to a summons issued by that 2[District Judge] intentionally omits to appear. A has committed the offence defined in this section. 4[174A .Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.— Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section
(1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section
(4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.]
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.
What changedAI-inferred
IPC 174 (non-attendance in obedience to summons, notice, order, or proclamation from public servant) is preserved as BNS 208 with fine-cap modernisation in both sub-clauses (10x). Imprisonment ceilings (1 month basic, 6 months for court-summons) preserved. Both illustrations (High Court subpoena; District Judge witness summons) preserved character-identically.
Old position
IPC 174 is concerned with Non-attendance in obedience to an order from public servant. Non-attendance in obedience to an order from public servant
New position
BNS 208 modifies the framework. Topic: Non-attendance in obedience to an order from public servant. 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
IPC 174 (non-attendance in obedience to summons, notice, order, or proclamation from public servant) is preserved as BNS 208 with fine-cap modernisation in both sub-clauses (10x). Imprisonment ceilings (1 month basic, 6 months for court-summons) preserved. Both illustrations (High Court subpoena;...
Editorial deltaAI-indicated (source-linked)
BNS-208 reproduces the operative content of IPC-174 on non attendance in obedience to order but reorganises the punishment-or-condition layer into a structured (a)/(b) sub-clause format. Punishment-list reorganised into (a)/(b) structured sub-clauses. Punishment levels are preserved.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 174 continues to apply. For matters from that date forward, BNS 208 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 208 (Non-attendance in obedience to an order from public servant). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §174 → BNS §208 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/ipc/174.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.