BNS Section 208: Non-Attendance In Obedience To An Order From A Public Servant
Section 208 falls under Chapter 13 of the Bharatiya Nyaya Sanhita (BNS). Chapter 13 covers offences of contempt of the lawful authority of public servants. Each section under this chapter deals with different offences related to disobeying the authority exercised by a public servant in performance of his or her duty. Section 208 specifically deals with disobeying an order from a public servant. Let us take a closer look at its provisions.
Definition of BNS Section 208
Section 208 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
“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.”
Explanation and Illustration of Section 208 (Bharatiya Nyaya Sanhita, 2023)
Section 208 of the BNS deals with the offence of disobeying an order issued by a government authority. Let us break down this section to understand it better.
It defines the offender as a person who intentionally omits attendance at a place and time as required by a summons, notice, order, or proclamation proceeding issued by a public servant. When a person is issued an order by a public servant, he or she is legally bound to attend in person or by an agent. The use of an agent or representative is allowed in cases when the requirement of the order can be fulfilled without having to perform the act personally. For instance, if the order requires a person to deliver certain items to the office of the issuing authority, he or she may send a representative to deliver the same. However, if the order also requires the person to answer certain questions upon inspection of the items, he or she will have to deliver the same personally and answer the queries posed in the course of the examination. Further, it has been made clear that the act of not attending has to be intentional and not accidental. If the person who is accused of an offence under this section can prove that he or she did not perform the act with the intention of obstructing the serving of a summons, then he or she cannot be held guilty of the act.
It further states that the non attendance has to be against a summons, notice or order issued by any public servant legally competent, as such public servant, to issue such summons, notice or order. Not all public servants are authorised to issue a notice, summons or order. So the order that is being obstructed has to be from an office who is authorised to do so. If it is later found that the order was issued by an officer who doesn’t have the authority to do so, then the order is considered void ab initio, i.e., void from the very beginning. No response or acknowledgement of such order is necessary.
It further provides for the act of departing from the place where he is bound to attend before the time at which it is lawful for him to depart. In other words, leaving the specified place of attendance without the permission of the authorised officer will also count as an offence under the provisions of this section. There is no specific mention of arriving at the specified place of attendance after the specified time, as delays, if reasonable, may be entertained.
The offence has been split into two levels of severity based on the issuing authority:
Key Points in BNS Section 208
This section deals with: Disobedience towards summons issued by public servant
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 208 of BNS 2023 and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 208 of BNS replaces IPC Sections 174. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 208 | Non-attendance in obedience to an order from public servant. | 174 | The upper limit of the fine is increased from five hundred to five thousand rupees and one thousand to ten thousand rupees. |
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FAQs about Section 208 of the Bharatiya Nyaya Sanhita (BNS)
What is the difference between notice, order and summons?
A notice is a communication that informs a person regarding any government proceeding to which they are a party. An order is a call to action, requiring the recipient to perform a certain task. A summons is issued to ask for someone to be present during a certain proceeding.
Can I refuse to be a witness in a court in India?
Yes. A person may approach the court and ask to be recused by providing reasons for the same. If the court finds the reasons valid, it may recuse. However, absconding to avoid a court summons is an offence under section 206.
Can you reject court served papers?
Yes, you can reject the content or the communication in the court order. You can challenge it through the mechanism that has been put in place for the redressal of such grievances. However, you cannot refuse to attend the court proceedings. Refusal to do so is a punishable offence under Sections 208.
What happens if a court summons is ignored?
Any person found guilty of avoiding a summons shall be punished with imprisonment of one month and a fine of five thousand. Any person found guilty of avoiding a summons which requires that person to present themselves in front of the issuing authority shall be punished with imprisonment of six months and a fine of ten thousand.
What happens if a court notice is not received by me?
It depends on the reason behind why it was not received. If the summons was lost in transit and was genuinely not received by the recipient, then it is not an offence. However, if it was not received due to either gross negligence or by deliberately absconding to avoid receiving the order, then it is punishable under the BNS.
How to prove I was never served court papers?
You must present evidence to prove that the papers were not received. If the papers were sent by registered post, then you have to prove that you never signed the acknowledgement while receiving it. And if they were sent in person, then you have to provide an alibi to prove you were not present when the orders were being delivered.
How to avoid the order in court papers or notices?
You cannot avoid the order in court papers or notices by government authorities. Avoiding the order of a government notice is a punishable offence.
