Absconding to avoid service of summons or other proceeding
BNS Section 206 pertains to absconding to avoid service of summons or other legal proceedings.
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,
(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 such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall punished 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.
BNS-206: Absconding to Avoid Service of Summons or Other Proceedings
Key Points:
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Definition of Absconding:
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Absconding refers to the act of fleeing or hiding to avoid being served with legal documents like summons, notices, or orders from a competent public servant.
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Legal Context:
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This provision applies when a person evades legal processes initiated by a public servant who has the authority to issue such legal documents. Public servants include law enforcement officers, judges, and other officials authorized to deliver legal notices.
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Types of Summons/Notices:
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The section covers two scenarios:
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General Summons/Notices: When a person absconds to avoid any legal summons or notice, they face penalties as outlined in clause (a).
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Specific Orders: If the summons or notice requires a person to attend court or produce documents/electronic records, they face harsher penalties as per clause (b).
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Penalties:
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Clause (a):
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Punishment may include:
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Simple Imprisonment: Up to one month.
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Fine: Up to five thousand rupees.
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Both: Imprisonment and fine can be imposed together.
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Clause (b):
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For absconding to avoid attending court or presenting documents:
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Simple Imprisonment: Up to six months.
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Fine: Up to ten thousand rupees.
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Both: Similar to clause (a), both penalties may apply.
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Objective:
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The provision aims to ensure individuals comply with legal proceedings, thereby maintaining the integrity of the judicial system and preventing evasion of legal responsibilities.
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Offence : Absconding to avoid service of summons or other proceeding from a public servant.
Punishment : Simple imprisonment for 1 month, or fine of 5,000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Any Magistrate.
Offence : If summons or notice require attendance in person, etc., in a Court.
Punishment : Simple imprisonment for 6 months, or fine of 10,000 rupees, or both.
Cognizable or Non-cognizable : Non-cognizable.
Bailable or Non-bailable : Bailable.
By what Court triable : Any Magistrate.
Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.
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